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FAQ

Can I appoint a beneficiary as my executor? Yes, your executor may also be a beneficiary to your estate. In fact, if you are leaving everything to your spouse or adult children who are capable of managing their finances, it is a natural choice to appoint your spouse or one or more of your children as your executor(s).

A personal representative in California is entitled to compensation for ordinary services provided to the estate. California Probate Code § 10800. These fees are also called statutory fees, because they are provided by statute.

According to California statutes, a personal representative must use ordinary care and diligence and act reasonably and in good faith in administering the estate. The personal representative has a fiduciary duty toward the estate and interested parties like heirs, will beneficiaries and estate creditors.

The process of removing a personal representative begins with filing a petition or removal. An heir or interested party must file the petition with the probate court and serve a copy of the petition on the personal representative. The probate court schedules a hearing date and time to hear the matter.

As a fiduciary, a personal representative can be removed for waste, embezzlement, mismanagement, fraud, and for any other reason the court deems sufficient.

If the personal representative tires of the duties associated with administering the estate, the person cannot simply resign. Rather, the court must accept the resignation before the person is free to relinquish the reigns to a different (successor) personal representative.

Yes, you can remove an executor of estate under certain circumstances in California. California State Probate Code §8502 allows for the removal of an executor or administrator when: They have wasted, embezzled, mismanaged, or committed a fraud on the estate, or are about to do so.

If the decedent dies testate that is, with a Will an Executor is appointed as the personal representative. If the decedent dies intestate i.e., without a Will an Administrator is appointed as the personal representative.

As the Personal Representative, you are responsible for doing the following: 2022 Collecting and inventorying the assets of the estate; 2022 Managing the assets of the estate during the probate process; 2022 Paying the bills of the estate. Making distribution to the heirs or beneficiaries of the estate.

Utah Nomination of Personal Representative

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FAQ

Can the executor of the will also be the beneficiary?

Is a personal representative entitled to compensation?

Can the personal representative be the beneficiary?

How do you get rid of a personal representative?

When can a personal representative be removed?

Can a personal representative resign?

Can an executor be removed?

Is a personal representative the same as an administrator?

What rights does a personal representative of an estate have?

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