The executor of your California estate is the person who is appointed to represent your interests during the probate process. In some cases, an attorney will assist the estate representative in carrying out his or her duties. If necessary, an executor can be relieved of these duties.
Why would an executor be relieved of his or her duties?
There are many reasons why you might change your mind as to who should represent your estate. For instance, your original choice to fill this role may pass before you do. It’s also possible that whoever you chose to be your executor no longer wishes to serve in such a capacity. Finally, if there is reason to believe that a conflict of interest has arisen, it’s generally best to replace the executor with someone who is better able to meet your needs.
When can a representative be replaced?
An executor can be replaced at any time before your death by adding a codicil to your will. Your heirs may be able to replace an estate representative during probate if circumstances warrant. However, a surviving family member will likely need to obtain a judge’s approval before any change can take effect. A probate and estate administration attorney may be able to provide more insight into the process of choosing a new representative.
If you have questions or concerns about your estate plan, it may be best to talk with an attorney. He or she may be able to help you learn more about your options as it relates to choosing an estate representative. This person might also be able to review the rest of your estate plan to determine if it meets your needs.