How do I change the executor of a will?

Changing the executor of a will in California can be accomplished in two ways. First, if the current executor named in the will agrees to be removed, they can sign a document called a “renunciation of executor”. This document states that the executor agrees to be removed and that they are waiving their right to serve as executor of the will. The second way to change the executor of a will is to go to court and file a petition to have the current executor removed. To do this, you must provide the court with proof that the current executor is not capable or unwilling to perform their duties as executor, or that it is in the best interests of the estate and its beneficiaries for the executor to be removed. The court will then hold a hearing to consider the arguments, and if the court agrees, it will issue an order removing the current executor and allowing a new executor to serve. In most cases, the new executor appointed by the court must be approved by the beneficiaries of the estate, and the court will require proof of this approval prior to issuing its order. It is also important to note that the new executor appointed by the court may not necessarily be the same person named in the will. Finally, if the will was made in another state but is being administered in California, the executor may need to be approved by the court in the state where the will was made. This is known as “Notification of Probate” and must be done before the will can be administered in California.

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