Full question:
I want to change the executors on our wills and trusts for my wife and myself. How do we change the executors?
- Category: Wills and Estates
- Subcategory: Executors and Administrators
- Date:
- State: California
Answer:
To change the executor of a will, it’s best to draft a new will. Alternatively, you can use a codicil, which is an amendment to your will. A codicil must be witnessed and notarized just like a will.
If you have a living trust, a pour-over will may be relevant. This type of will ensures that any assets not included in the trust are transferred to it upon your death. It also provides instructions for distributing assets if the trust is invalid in whole or in part.
To change the succession of trustees in a trust, first check the trust document. It may allow current trustees, beneficiaries, or others to revise trustee succession. If not, you may need to create a trust amendment. If you’re making many changes, consider drafting a restatement of the trust, which replaces the old document entirely. A restatement can also be used to change the trustee.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.