Legal Question in Wills and Trusts in California

My brother is named executor in my mother's will. I am second in line for executor. He would like to decline as executor and name me, as he lives in a different state and does not have time to take care of matters. Can we change the executor without filing probate? Her estate is valued under $100,000 and we would like to avoid probate.

I understand we can file a Declination of Executor form, but I am not clear if this has to be filed in court, and if we do file it, does this open probate?


Asked on 10/14/09, 7:38 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Since the estate is a "small estate," he can just notarize a letter stating that he declines to act. Then you become the executor and marshal and distribute the assets. There should be no need for probate unless real property is involved.

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Answered on 10/14/09, 11:14 pm


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