Wills, Estates & Trusts
Oct. 7, 2026
Can probate courts disqualify a proposed executor based on pre-appointment conduct?
Estate of Bodmann confirms that California probate courts may disqualify a named executor for pre-appointment conduct when that conduct constitutes a specific statutory ground for removal, such as mismanagement of an estate asset.
A recurring issue in California probate litigation is whether a named executor can be denied letters based on conduct that occurred before appointment. Estate of Bodmann (2025) 116 Cal.App.5th 401 answers part of that question. Some probate practitioners read Estate of Bodmann as loosening the strict limits on disqualifying a named executor, but it does no such thing. Estate of Bodmann applies an existing statutory ground. Its contribution is narrower: pre-appoin...
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