Who is the Executor?

Who is the Executor?

Distributor of Property

An executor of a will is essentially an individual who issues the distribution of the belongings and property of an individual and monetary dealings in concordance with the wishes of the individuals will. They not only are responsible for distributing the individual's belongings, but they also have to settle debts and financial issues, amongst other things.

The individual who is responsible for the allocation of a deceased individual's belongings is not necessarily an attorney, but an attorney can be included in the process. The person who created the will, or a judge, chooses this individual.

Speak with us at once for assistance as the executor or regarding the executor.

Legally Designated Roles of the Executor in California

According to §8421 under California probate codes, when a will doesn't assign an individual as the party to distribute the assets and handle the matters in a will, referred to as the executor, yet the implications and such in the will display that the individual who created the will had planned to appoint said individual, then that party will be given the title of "personal representative."

In the event that the individual that created the will didn't choose an executor, they can delegate in the will an individual to choose such a person, as §8422(a) states. When the individual who was delegated chooses an executor, they have to submit it to court in writing. In the case that multiple people were given the right to delegate, they all must agree on who will be the executor. If an individual who was given the charge of delegation along with another individual isn't ready or capable, the other individual will delegate, as §8422(b) laid out.

§8422(c) notes a restriction to an executor's role: The executor can't assign another individual onto the case to also handle the will, such as a "coexecutor." If you have any questions regarding this matter, meet with us at once.

Underage Executor

An individual has to be 18 or older to manage the will and the allocation of belongings and property in the will. In the case that an individual who is to have said responsibility is not yet 18, depending on if a second individual has been chosen to handle the will and the giving of assets according to the will, then that individual will be in charge of executing the will. When the original executor is of age, they can be assigned another executor to the will, or "coexecutor," according to §8424(a).

In the case that the individual who is to manage the will is younger than 18, and another individual is to act as the issuer of the will isn't given, then a personal representative can be chosen. In the event when each of the individuals who are to fulfill the instructions and specifications of the distribution of assets and property of a will aren't assigned by court, they will maintain the power they would hold had the others been assigned.

Questions? Call today!

If you have any questions on the role of the executor of a will, contact our firm today. We can provide you with the information on what specifically the individual who is in charge of executing the will does. If you need assistance in your legal probate needs, hire the Law Offices of David Shapiro today. 

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