Choosing an executor is an important part of creating a will. A person appointed as executor has the responsibility of managing the estate, handling the probate process and carrying out the instructions mentioned in the will. However, many years might pass between signing the will and executing it and during this time, the person responsible for administering the estate might pass away before completing the task.
When this situation arises, California law grants the right to appoint another person to administer the estate, but the outcome may depend on the terms of the estate plan.
An alternate executor may be named
Sometimes, an estate plan might name both a primary executor and an alternate executor. If the primary executor dies or is unable to fulfill their responsibilities, the alternate might be able to carry them out instead.
Naming a backup executor can help reduce the uncertainty and issues that might arise in the future. If no alternate executor is named, the probate court may appoint another qualified person to administer the estate according to California law.
Why is reviewing a will important?
A will is a document that a person needs to update to reflect significant life changes, as any major life change can affect the estate plan to make sure that it still meets the person’s needs. In addition to the death of a named executor, other changes might include:
- Marriage or divorce
- Birth of children or grandchildren
- Death of beneficiary
- Major changes in family relationship
Reviewing estate planning documents after major life events can help identify whether updates are needed before any unexpected issues arise.
Keeping an estate plan up to date
An estate plan is intended to give clear instructions when the time comes. Reviewing the executor designation and naming an alternate executor can help reduce delays in case the original choice is unavailable. Updating estate planning documents after significant life changes can help ensure they continue to reflect a person’s wishes and comply with California law.
