SECTIONS 8420-8425 - California Statutes

PROBATE CODE

SECTION 8420-8425

8420. The person named as executor in the decedent's will has the
right to appointment as personal representative.

8421. If a person is not named as executor in a will but it appears
by the terms of the will that the testator intended to commit the
execution of the will and the administration of the estate to the
person, the person is entitled to appointment as personal
representative in the same manner as if named as executor.

8422. (a) The testator may by will confer on a person the power to
designate an executor or coexecutor, or successor executor or
coexecutor. The will may provide that the persons so designated may
serve without bond.
(b) A designation shall be in writing and filed with the court.
Unless the will provides otherwise, if there are two or more holders
of the power to designate, the designation shall be unanimous, unless
one of the holders of the power is unable or unwilling to act, in
which case the remaining holder or holders may exercise the power.
(c) Except as provided in this section, an executor does not have
authority to name a coexecutor, or a successor executor or
coexecutor.

8423. If the executor named in the will is a trust company that has
sold its business and assets to, has consolidated or merged with, or
is in any manner provided by law succeeded by, another trust
company, the court may, and to the extent required by the Banking Law
(Division 1 (commencing with Section 99) of the Financial Code)
shall, appoint the successor trust company as executor.

8424. (a) If a person named as executor is under the age of
majority and there is another person named as executor, the other
person may be appointed and may administer the estate until the
majority of the minor, who may then be appointed as coexecutor.
(b) If a person named as executor is under the age of majority and
there is no other person named as executor, another person may be
appointed as personal representative, but the court may revoke the
appointment on the majority of the minor, who may then be appointed
as executor.

8425. If the court does not appoint all the persons named in the
will as executors, those appointed have the same authority to act in
every respect as all would have if appointed.