Co-Executors – Can they Act alone – Petition to Remove

California Estate Planning Guide (How & Why)

When creating a will, one of the most vital steps is naming an executor. The executor’s primary responsibility is to protect your property and assets until all taxes and debts are paid off. Then the executors transfer what’s left of the property to parties entitled to the inheritance.

Can an executor act alone?

Co-executors refers to two or more individuals named as executors of a will. They don’t share the partial authority of the estate. Instead, each individual has complete authority, meaning:

They should collaborate during decision-making, ensuring they share information regarding settling the estate.
Additionally, they must act as a team when settling the estate.
Parties with stakes in the will can call them to perform various duties as a team, like signing checks on the estate’s behalf or submitting the will to probate. You may run into some problems if the executors don’t live nearby.

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Why should you name co-executors in your will?

You should name co-executors in your will if you have various assets requiring different people’s expertise. Naming co-executors gives different people the responsibility of managing different asset categories. Having different co-executors is quite helpful when accounting for digital assets.

For instance, you should name an individual whose tech-savvy as the digital co-executor if your primary co-executor isn’t tech-savvy. This way, the executors can handle your digital and physical assets according to your wishes since they are well-suited for the job.

Reasons you shouldn’t name co-executors in your will.

While there are some benefits to naming co-executors for your will, there are some reasons why this could be a bad idea. For starters, naming co-executors gives multiple people power over your estate. This can lead to various complexities like confusion and disagreements.

However, you could plan and name one executor for your digital assets and another as the traditional executor. This will help avoid most complexities since each individual will deal with their share of responsibilities.

Requirements for serving as a co-executor in California

Executors in California should be:

18 years or older
Executors should be of sound mind, i.e., they should not be judged as incapacitated by a court.

Most states prohibit individuals with felony convictions from serving as executors; however, California doesn’t have regulations prohibiting convicted felons from this responsibility.

Special rules executors should follow in California.

California can reject potential executors from acting in that capacity if they don’t fit the abovementioned requirements. Additionally, they can remove a co-executor if they discover several grounds for removal exist. For instance, a court can remove an executor if they find out they are incapable of managing your estate or are likely to neglect or mismanage it.

Additionally, the court will hold a hearing and invite all interested parties to determine the executor’s capability. The judge will also determine who is best suited to manage your estate if they find your appointment improper.

Out-of-state executors in California

California doesn’t have special requirements for out-of-state executors. However, appointing them isn’t a good idea because they live far away and could be problematic when executing your will. It would be best if you opted for individuals living close to you since they are better suited to handle daily matters for weeks, months, or more.

Can a co-executor be removed?

Executors don’t have unlimited or absolute authority over beneficiaries or estate assets. Their powers are guided by legal documents making them accountable to state laws and courts. According to California law, you can remove a co-executor of an estate if you find them incompetent or unethical.

You can file a petition and remove them in probate court. You could remove both or one co-executor if you find them incompetent, reckless, negligent, or abusing their power. Often, most executors are family members who are also beneficiaries of the will and may be tempted to act in their interests. In such cases, you could consult with an attorney.

Need an estate litigation attorney?

Petitions to remove the executor of an estateYou can file a legal motion with a probate court to remove a co-executor. The petition alleges that the executor is unfit for the position due to incapacity, misconduct, or negligence. You can file this petition together with a petition for replacing the executor. Negotiations begin after filing the petition. You could have an out-of-court settlement negotiated by mediating attorneys or proceed to a court hearing.

In this case, interested parties will have to attend the hearing and be invited to give testimony. You may request the court to suspend the co-executor’s powers during the hearing, and it will review the case to determine the claim’s legitimacy.

The court will order the removal of the executor and appoint a replacement. Removing an executor doesn’t protect them from further civil liability since they caused irreparable damage to the estate. The appointed executor may be asked to pursue other litigation to compensate the estate.

Conclusion: How can a co-executor be removed?

You should consult with an experienced litigation attorney before making any step to remove a co-executor. Your consultation will help you determine whether you have a strong case, if you are likely to win, and how much it may cost.

The estate attorney will file a petition if you decide to proceed. The judge will review your evidence and determine whether the co-executor will be removed. The court will appoint a replacement who may or may not be the same individual that filed the petition.

In need of an estate attorney? Call Hess-Verdon & Associates today at 949-706-7300.