Question:
Who is eligible to be
an executor in
Response: Commonly, the deceased person's will names someone to serve as the executor of the estate. The probate court will honor the deceased person's wishes unless there's a good reason not to let the person named in the will serve--for example, a prior conviction for stealing money.
If there's no valid will, or the person named in the will isn't suitable or willing to serve, state law (the California Probate Code) sets out a preference list for the court to use when choosing an administrator. (You're an executor if you're named in a will, but an "administrator" if there's no will.) At the top of the list is the surviving spouse or registered domestic partner, followed by children and then grandchildren. More distant relatives follow. In the unusual situation that no family member can be found or is willing to serve, the court will authorize a creditor of the estate or a public official to serve as the personal representative.
Additional Resources:
- Legal Restrictions on Serving as an Executor
- How to Probate an Estate in California, by Julia Nissley
Disclaimer: This site does not provide legal advice, and you should not interpret any of the information presented here as legal advice. The information provided is general information related to commonly asked legal questions. We are not a law firm, and the employees responding to questions are not acting as your attorney.
