Q: Who should I look for to amend the probate code
To continue the long inacting (5+yrs) executor case. Is there a person / organization I can contact to amend the probate code? In my case, I am the backup executor in the Will in case the executor is unable/unwilling to perform. The executor is an alien that has no ties to CA. In other words, no collateral. There is no one in the state that knows the executor's financial situation. From his handling of the probates in other jurisdiction everyone can tell the probate in CA is not going to be smooth. However, because it is outside of jurisdiction, my warning is ignored. The alien executor simply sits back and watching the property value to appreciate, leaving a law-abiding citizen to toil for his wealth. This is 21st century, there should not be any slavery. I think the probate codes should allow a resident to be named an executor if his name is on the Will, even if he is not the primary executor. Consider CA's high value wealth, more protection is needed.
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A:
You raise some valid concerns about the challenges with out-of-state executors, especially in high-value California estates. For changes to the probate code, your best route would be to contact your state representatives and senators, as they can introduce legislation to modify existing laws.
You might also consider reaching out to the California State Bar's Trusts and Estates Section, which often provides input on probate law reforms. Additionally, organizations like the California Advocates for Nursing Home Reform (CANHR) sometimes advocate for probate code changes and might be interested in your situation.
In the meantime, you could petition the court to remove the current executor for cause, citing their absence and lack of proper estate administration. Under California Probate Code Section 8502, the court can remove an executor who has neglected the estate, and being physically absent from the jurisdiction while failing to properly administer the estate might qualify as grounds for removal. You should consult with probate counsel who can guide you through this process.
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