The Executor’s Dilemma: Can You Decline to Serve, and What Happens Next? Understanding Your Rights and Responsibilities Under California Probate Law

Being named the executor of a will is an honor—an expression of trust by someone who believed in your ability to manage their final affairs. But what if you’re not up to the task? Can you decline to serve as executor in California, and if so, what happens next?

The good news is: yes, you can decline. California probate law does not force anyone to take on the responsibilities of an executor. However, stepping aside does trigger specific legal steps and can affect how the estate is handled moving forward.

Here’s what you need to know if you’re facing the executor’s da.

What Is an Executor?ilemm

An executor is the person nominated in a will to:

• File for probate,

• Collect and manage the estate’s assets,

• Pay debts and taxes,

• Distribute property to the named beneficiaries.

Executors must act in a fiduciary capacity, which means with honesty, loyalty, and in the best interests of the estate and its heirs.

Can You Decline to Serve as Executor?

Yes. Under California Probate Code §8400, no one can be forced to accept an appointment as executor. Being named in a will is a nomination, not a legal obligation.

Reasons People Decline:

• Lack of time or availability,

• Complexity of the estate,

• Concerns about family conflict or litigation,

• Health issues,

• Out-of-state residence,

• No desire to deal with court procedures or financial records.

What Happens After You Decline?

1. Before Appointment: File a Written Declination

If probate has not yet begun, and you have no desire to act as executor, you can decline the appointment by:

• Signing a declination letter (sometimes referred to as a renunciation),

• Stating you do not wish to serve as executor,

• Filing it with the probate court along with the petition for probate.

Tip: Use Judicial Council Form DE-111 to nominate another person when filing for probate if you're declining.

2. After Appointment: Resign Formally

If you’ve already been appointed by the court and issued Letters Testamentary, you must:

• File a petition for resignation under Probate Code §8520,

• Submit a final accounting, if you’ve handled any estate matters,

• Obtain court approval to resign.

The court may also require the appointment of a successor executor before releasing you.

Who Takes Over If You Decline?

California law provides several options:

A Successor Executor Named in the Will

Most wills name an alternate or backup executor. If you decline, the successor will be offered the role.

Another Interested Party Can Petition

If no successor is named—or if they also decline—the court may appoint another person, such as:

• A beneficiary,

• A professional fiduciary,

• A public administrator (if no family or heirs step forward).

The court evaluates whether the petitioner is eligible under Probate Code §8402 (e.g., over 18, not convicted of a felony, etc.).

Potential Risks of Doing Nothing

If you ignore the appointment and don’t take action:

• The estate may face delays,

• Heirs may petition the court to appoint someone else,

• The court could issue an order to appear, delaying probate even further.

Tips for Those Considering Resignation

• Be honest with yourself about your capacity and willingness to serve.

• Discuss your intentions with family members or other potential executors.

• If the estate is complex, consider suggesting a professional fiduciary.

• Act quickly to decline or resign to prevent complications.

Final Thoughts

Serving as an executor is a serious responsibility—but it’s also voluntary. California law gives you the right to decline or resign, without penalty. The key is to act responsibly, file the appropriate documents, and ensure the estate isn’t left in limbo.

If you’re unsure about how to step down—or who should take over—consult a qualified California probate attorney who can guide you through the transition smoothly and in compliance with the law.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.