Frequently Asked Questions (FAQs)
1. What Qualifies Someone to Be an Executor in California?
In California, an executor must be at least 18 years old and mentally competent. They should ideally have no felony convictions. While non-residents can serve, California residents are often preferred for practical reasons.
2. Can an Executor Decline the Role After Being Named in a Will?
Yes, an individual named as an executor in a will has the right to decline the role. In such cases, an alternate executor may be appointed, or the court may select someone suitable.
3. What Are the Primary Responsibilities of an Executor in California?
An executor in California is responsible for managing the estate's affairs. This includes paying debts and taxes, distributing assets to beneficiaries, and ensuring compliance with the probate process.
4. How Long Does an Executor Have to Settle an Estate in California?
The time it takes to settle an estate in California varies, but it usually takes about a year. Complex estates or legal challenges can extend this timeframe.
5. Are Executors Compensated for Their Work in California?
Executors in California are entitled to reasonable compensation for their services, which is typically a percentage of the estate's value, as outlined in the California Probate Code.