Newbury Park, CA asked in Probate for California

Q: This pertains to California Probate Law and co-executors of a Will

My relative named co-executors on a joint Will with his wife. He named my father or his appointee and another relative on his wife's side to be co-executors. This issue now is that my father passed prior to my relative and his wife and there was no other appointee named by my father. We know that the intention was for me to be the appointee but as of now, the other co-executor wants to handle everything on their own as the surviving executor and plans to file probate as such. The other beneficiaries do not think this person would be looking after their best interests and would like me to serve as a co-executor to make sure things are handled properly. Can this be challenged or would the court just go ahead and appoint the remaining executor if they went ahead and filed for probate on their own?

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1 Lawyer Answer
Jackie Marie Howard
Jackie Marie Howard
  • Probate Lawyer
  • Roseville, CA
  • Licensed in California

A: My condolences for your loss. It would be wise to seek local probate counsel to assist in evaluating the document(s) and all of the specific details. The Will language may define what happens if no appointee is named. People attempt to challenge Wills all the time; however, that doesn't mean they will succeed. Therefore, having experienced counsel is important for making an educated decision.

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