8402
Effective Jan 1, 2017Amended by Stats. 2016, Ch. 703, Sec. 19. (AB 2881) Effective January 1, 2017.
(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.
- (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.