Alhambra, CA asked in Probate for California

Q: On the California Petition for Probate, can only one list themselves as Executor if a Will had named them and others?

A Will named 4 children all as co-executors, but also stated that a remaining child may be executor if a co-executor dies or is unable to perform. So if after 9 years none of the others ever filed the petition for probate, and the one executor that now wishes to carry out the executor duty files a petition for probate, can that executor just include them self listed as executor on the petition for probate?

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1 Lawyer Answer
Barry L. Adams
Barry L. Adams
  • Probate Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: No. The will controls and if the others are alive, they all have the right to serve as co-executors. They can file an objection

to the Petition on that basis.

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