When a person passes away and leaves behind an estate, the court will appoint a personal representative to oversee the administration of the deceased’s assets and liabilities. In California, the requirements for who can serve as a personal representative are outlined in the state’s Probate Code.
Eligibility Requirements for Personal Representatives in California
Generally, any resident of the United States who is at least 18 years of age can serve as a personal representative in a California probate case. However, there are a few exceptions to this rule:
An individual who is subject to a conservatorship or is otherwise incapable of performing the duties of a personal representative cannot serve in that capacity.
A surviving business partner of the decedent cannot serve as the personal representative if someone with an interest in the estate objects, unless the business partner is specifically named as the executor in the will.
If a non-resident of the U.S. is named as the executor in the will, then that person can serve as the personal representative.
Prioritizing Personal Representatives
The California Probate Code also establishes a priority order for who can be appointed as the personal representative of an estate. The order of priority is as follows:
Surviving spouse or registered domestic partner
Children of the decedent
Grandchildren of the decedent
Other next of kin
Public administrator
Creditors
Any other person the court deems appropriate
In situations where there are multiple children of the decedent, they all have an equal right to become the personal representative. The siblings must decide amongst themselves who is the most qualified and responsible to take on this role.