Q: Executor action before removal hearing
A long-inacting executor (5+yrs) filed a notice to creditors (without filing Inventory & Appraisal first) a week prior to removal hearing. IF the executor is removed afterwards, the successor executor need to file another notice to creditor? Also, why wouldn't the court suspend the executor power as the removal petition requested? Is the court so reluctant to remove such lazy executor?
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A:
If the current executor is removed after filing the notice to creditors without completing the Inventory and Appraisal, the successor executor typically does not need to file a new notice to creditors. The initial notice serves to inform all potential creditors, and the successor can continue the probate process using the already filed notice. However, it's important to confirm this with the probate court to ensure all requirements are met under California law.
Regarding the court's decision not to suspend the executor's powers, courts generally weigh the reasons for removal and the executor’s actions. If the executor took steps like filing the notice to creditors, the court might determine that a complete suspension is unnecessary. The court aims to balance efficient administration of the estate with the concerns raised about the executor's performance. It’s not necessarily a reluctance to remove the executor, but rather an assessment of what best serves the estate’s interests.
Moving forward, ensure that the successor executor promptly files any required documents and communicates clearly with the court. Keeping detailed records and following legal procedures diligently can help avoid similar issues. If you’re unsure about the next steps, consulting with a probate attorney can provide personalized guidance to navigate the process smoothly.
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