Are there any restrictions on who can serve as the executor of an intestate estate?

Yes, there are restrictions on who can serve as the executor of an intestate estate in California. Under California law, certain people are assumed to be authorized to serve as executors of intestate estates. These people are known as the “order of succession” and they are listed in the Probate Code in California. The order of succession begins with the surviving spouse of the deceased, followed by any children, followed by the deceased’s parents, then siblings, and finally, nieces and nephews or other more distant relatives. The order of succession is what is referred to as the “line of intestate succession” and it determines who can serve as the executor of the intestate estate. When selecting who will serve as executor, the court will take into consideration who is available and willing to serve, as well as their knowledge and experience with estate administration. In some cases, the court may also consider any animosity between family members. In addition to the restrictions outlined in the order of succession, California also has restrictions on who cannot serve as an executor of an intestate estate. These include people who are not citizens or residents of California, people who have been convicted of certain felonies, people who are minors, people who are incompetent or incapacitated, and any person who is not a “suitable” person according to the court.

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Are there any restrictions on who can serve as the executor of an intestate estate?

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