Can an Executor Make Changes to a Will? The Role and Limitations of an Executor in California

When a loved one passes away, their beneficiaries may be involved in the probate process. If the deceased left a Will behind, the beneficiaries may wonder if the executor can make changes to the Will. After all, they are responsible for carrying out the decedent’s wishes, so surely, they have some leeway to adjust things if needed, right? The answer is a bit surprising: No, the executor cannot change the terms of the Will. They must follow the instructions as written. This might seem like a small detail, but it’s a fundamental aspect of the executor’s role. Understanding the executor’s responsibilities and limitations is key to ensuring your loved one’s estate is managed properly and legally.

The Roles of an Executor

An executor is someone named in the Will to handle the administration of the deceased’s estate. Their job is to ensure that the decedent’s assets are distributed per their wishes, as outlined in the Will. The executor’s responsibilities typically include the following:

• Gathering, organizing, and safeguarding all property listed in the estate
• Paying outstanding debts and taxes
• Ensuring that the decedent’s assets go to the proper beneficiaries as specified in the Will
• Filing court documents, all the way from submitting the Will for probate to ensuring all documents are properly filed

The Executor’s Limited Power

A critical point to remember is that an executor cannot change the terms of a valid Will. The decedent’s wishes, as outlined in the Will, must be followed as written, and if an executor attempts to change those terms, this could result in serious legal consequences.

If you believe the executor is not acting in the estate’s best interests or has altered the Will, you can contest their actions in court. The court could remove the executor and appoint a new one if there is evidence of the executor’s misconduct.

Common Misunderstandings and Scenarios

Sometimes, people think that an executor can change the terms of a Will, which can lead to confusion. Some of these scenarios include the following:

• Disputes over bequests: For instance, a family member may feel they should receive more of the estate. While they might look to the executor to “fix” things, it’s worth noting that the executor cannot change the Will’s provisions.
• New or updated Will: Sometimes, a newer Will may surface after the probate process has started. If the new Will is valid, the court will decide which will take precedence, not the executor.
• Handwritten notes: In other instances, family members may find handwritten notes or letters that indicate changes the deceased wanted. While these notes may seem meaningful, they cannot override a valid, legally executed Will, and only a court can validate these changes.

In all these instances, the executor must follow the instructions in the Will. While they can seek clarification from the court or request professional assistance, they have no power to change the Will.

How Can a Will Be Modified?

A Will can only be modified by the testator (the person who wrote it) by drafting a codicil (a supplement that modifies parts of a will) or rewriting the Will entirely and revoking the old one.

Contact the Probate Guy

If you’re an executor unsure about any part of your responsibilities or dealing with a complex estate situation, contact the dedicated California probate attorney Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6120.&lawCode=PROB