Legal Question in Wills and Trusts in California
Alternate Executor
My nephew was named executor on mydad's will and named me , one of his daughters as alternate executor. My nephew has declined the position after almost two months after my dad's death. Do I need to do anything or get any formal paper from my nephew showing that he has declined to be executor. This is a small estate under $100,000
2 Answers from Attorneys
Re: Alternate Executor
If the estate is under $100,000, then an executor won't be needed--the estate can be collected by affidavits(See probate code section 13100) signed/notarized by the beneficiaries under the will.
Re: Alternate Executor
As long as there is no real property (and the total value of all property is $100,000 or less), the affidavit procedure can be used.
See: PROBATE CODE SECTION 13100 through 13116
At: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
Also see: PROBATE CODE SECTION 13200 through 13210
At: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
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