You can change the executor of an estate in California, in several ways, depending on when you desire the change.
CHANGES TO EXECUTOR BEFORE DEATH:
An executor can be changed in a will, by the creator of the will, by signing a new codicil, or a new will which names a new executor.
CHANGES TO EXECUTOR AFTER DEATH:
If the person who signed the will is deceased, then changing a person who is nominated in the will as the executor, has to take effect in a couple of different ways. If the named executor declines to act, and signs a declination, the next named person in the will can be appointed as the executor. If there is no one named in the will as an alternate executor, a relative can petition the court to become the administrator with will annexed. This means, the executor is different, but the terms of the will are respected.
WHAT IF AN EXECUTOR IS APPOINTED BUT BECOMES INCOMPETENT IN CALIFORNIA?
If an executor has been appointed to act in a California probate case, but becomes incompetent, the person named in the will after him, can ask the court to be appointed. If there is no one, a special administrator can be appointed to act as the alternate executor.
To find out more about changing an executor of a probate estate, contact us at Info@SelfHelpProbate.com.