Prob. Code, § 8402 · Article 1. General Provisions
Prob. Code, § 8402
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 2016, Ch. 703, Sec. 19. (AB 2881) Effective January 1, 2017.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8402.
- Text hash
- sha256 59792423f8562777d78459f476e58b212e76955259c16ef7f02ab67c8a76aafe
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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