California Probate Code 8402 – (a) Notwithstanding any other provision of this chapter, a …
(a) Notwithstanding any other provision of this chapter, a person is not competent to act as personal representative in any of the following circumstances:
(1) The person is under the age of majority.
Terms Used In California Probate Code 8402
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- interested person: includes any of the following:
California Probate Code 48
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
- Will: includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will. See California Probate Code 88
(2) The person is subject to a conservatorship of the estate or is otherwise incapable of executing, or is otherwise unfit to execute, the duties of the office.
(3) There are grounds for removal of the person from office under Section 8502.
(4) The person is not a resident of the United States.
(5) The person is a surviving business partner of the decedent and an interested person objects to the appointment.
(b) Paragraphs (4) and (5) of subdivision (a) do not apply to a person named as executor or successor executor in the decedent’s will.
(Amended by Stats. 2016, Ch. 703, Sec. 19. (AB 2881) Effective January 1, 2017.)