Throughout the estate planning process in the state of California, you need to specify an executor for your estate. This executor will be responsible for carrying out the terms specified in your will, such as taking the will to probate court, liquidating assets if necessary and distributing any remaining assets to your named beneficiaries. As time passes, you may find that you no longer want to have the same executor.
How to remove an executor as a grantor?
Estate administration and probate refer to the person creating the will as the grantor. They are the one person that is in charge of determining who they want to be the executor of their estate after their passing. In the event that you decide that you no longer want to have a particular person as your estate executor, you’ll simply need to update your will. This can be easily done by contacting your lawyer and having them draft a new copy with the new executor named.
Removing an executor as anybody else
After your passing, it is possible for your beneficiaries or family members to get a named executor removed from their position. However, this is not as easy to do as the grantor changing it during their lifetime. To remove a will executor, the family member or beneficiary will need to petition the probate court to do so. The probate court will only remove an executor for a good reason. Some good reasons may include failing to properly carry out the terms of the will, failing to cooperate with the beneficiaries or mismanaging the assets of the estate.
The executor of a person’s estate is a very important person who’s responsible for distributing the estate and taking care of any debts of the deceased person. Unfortunately, not all executors follow out their duties. In this case, it’s possible to have an executor removed from their position by the probate court.