If an executor dies in the middle of a probate in California, he or she needs to be replaced with another executor.
QUESTIONS TO ASK ABOUT A DECEASED EXECUTOR:
- Is there another executor named in the will? If yes, that person can petition the court to be appointed, due to the death of the former executor.
- If there is no alternate executor named in the will, a Special Administrator can be appointed to complete the tasks of the deceased executor.
- Who can become a special administrator? Any interested person can become a special administrator.
- Does the new special administrator need to be bonded? Generally, yes, unless the only asset of the estate is real property.
- How much does it cost to change the executor of the will, of the executor has died? Generally, special administration services are done on an hourly basis. If there is no litigation, the procedure may take 10 hours, which includes preparation time, and the court appearance.
CAN I CHANGE THE EXECUTOR OF THE ESTATE MYSELF?
If an executor of the estate has died, you can use our forms to replace him yourself. If you need legal advice regarding the forms, or need attorney consultation, you can ask us to assign you an attorney, who can sign a limited fee agreement with you for those special purposes.
Getting advice regarding removing and changing an executor is very valuable to the success of your case. Email us on how to change an executor in California to Info@SelfHelpProbate.com.