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Bill Attorney
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Category: Estate Law
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My mother was named as an alternate executor over the will

Customer Question

My mother was named as an alternate executor over the will of my late Aunt in CA. She was recently asked to decline to serve as the first alternate executor of my aunt's estate and agree to support her cousin's petition to serve as the sole executor of the estate. Another cousin that was to serve as the second alternate executor of the estate said that my mother would have to pay a $10K bond to remain as a trustee or alternate executor. It appears that the cousin who seeks to serve as the sole executor may be doing so because the state of CA requires that the executor be a resident of the state. So, can you verify that this is true? Also, can you inform me under what legal standard would my mother be allowed to remain as an alternate executor or trustee when she lives outside of CA? My cousin that lives in CA is petitioning to serve as the sole executor. I am concerned that she may alter the conditions of the will and the revocable trust through which all manners of her estate appear to be addressed.
Submitted: 2 months ago.
Category: Estate Law
Expert:  Bill Attorney replied 2 months ago.

Dear Customer,

Thank You for posting your question to just answer today. This is attorney Bill offering legal information specific to your concerns.

In relation to posting a bond if the will doesn't provide a waiver the alternate executor/ your mother can apply to the court for a waiver or the beneficiaries can sign off on a bond requirement.

If a bond isn't waived it will be returned after the estate is closed.

There is no residency requirement for an executor/ personal representative in California.

T

Universal Citation: CA Prob Code § 8402 (through 2012 Leg Sess)

(a) Notwithstanding any other provision of this chapter, a person is not competent to act as personal representative in any of the following circumstances:

(1) The person is under the age of majority.

(2) The person is subject to a conservatorship of the estate or is otherwise incapable of executing, or is otherwise unfit to execute, the duties of the office.

(3) There are grounds for removal of the person from office under Section 8502.

(4) The person is not a resident of the United States.

(5) The person is a surviving partner of the decedent and an interested person objects to the appointment.

(b) Paragraphs (4) and (5) of subdivision (a) do not apply to a person named as executor or successor executor in the decedent s will."

he requirements are limited to that set out in statute:

"

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Customer: replied 2 months ago.
I am still unclear about my mother's options. The will states that a bond is not required. Therefore, I assume this means that it is waived and that my mother would not have to pay a $10K bond. So, if CA does not require residency, I am not sure why my mother should sign to decline serving as an alternate executor. What happens if my mother does not decline, can the current designated executor have a legal right to serve as sole executor based on residency?
Expert:  Bill Attorney replied 2 months ago.

That's correct this means that your mother won't be compelled to pay a bond.

If she doesn't resign she can be appointed executor if the first choice refuses the role as executor.

Instead of filing a waiver she will file for letters of administration and application to manage the deceased's estate with the probate court.

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Expert:  Bill Attorney replied 2 months ago.

Dear Customer,

I would like to follow up with you on your question in which I replied to a few days ago and gave an answer. Do you need any more information ?

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Attorney Bill