Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance tailored to your situation, consult a licensed California attorney.

Detailed Answer

When a parent’s will names one child as executor (personal representative) but that child refuses to serve, California probate law provides a clear process to get someone else appointed so the estate can be administered. Below is a plain-language explanation of the usual steps and options.

1. Confirm that the named executor has actually refused

Ask the person named in the will to state in writing that they decline (renounce) the appointment. A written renunciation makes the next steps cleaner for the court. If the named person simply ignores the matter or delays, you can still petition the court, but showing a written renunciation simplifies the judge’s decision.

2. Check the will for a successor executor

Many wills name an alternate or successor personal representative (for example: “I appoint Alice. If Alice is unwilling or unable to serve, I appoint Bob.”). If the will names a successor, that person can petition the probate court to be appointed. If the named successor accepts, the court will normally appoint that person as the personal representative.

3. If the will has no successor, the court follows the statutory order of priority

If there is no successor named in the will (or the successor is also unavailable), California law sets an order of preference for appointment. Typical priority goes to the surviving spouse or registered domestic partner, then to adult children, then other heirs, and so on. Anyone with standing under that statutory order can petition the court to be appointed. The California Probate Code governs this priority and appointment process; for the full text of the Probate Code see the California Legislature’s site: California Probate Code.

4. File a petition for probate and appointment as personal representative

To get appointed you (or your attorney) must file a Petition for Probate and Appointment of Personal Representative with the probate court in the county where your parent lived. The petition asks the court to appoint you (or another qualified person) to administer the estate. The court will require notice to interested persons (heirs and beneficiaries) and will hold a hearing. The Judicial Council of California provides the standard petition form and instructions here: Form DE-111 — Petition for Probate, and general probate self-help information is available at the California Courts site: California Courts — Probate Self-Help.

5. What happens at the hearing

The court will review the petition, verify the will, confirm proper notices, and consider any objections. If the named executor has renounced, or the court finds the named executor unwilling or unable to act, the judge will appoint the successor named in the will or the next person with priority. If appointed, the court will issue Letters Testamentary (if administering a testamentary probate) or Letters of Administration (if there is no valid will or the will did not name an executor).

6. Other useful options and special situations

• Small estate procedures: If the estate’s assets are minimal, California has simplified procedures (small estate affidavits or summary distribution) that can avoid formal probate. See the California Courts probate self-help page for thresholds and forms.
• Temporary or emergency letters: If immediate action is necessary to preserve assets, you can request limited or temporary authority from the court before full appointment.
• Executor refuses after appointment: If the named executor initially accepts but later refuses or abandons duties, you can ask the court to remove them and appoint a successor.
• Bond waiver: Some wills waive the bond requirement for a named executor. If you are appointed under the will, the court may waive bond as specified by the document.

7. Practical steps you can take now

1. Locate the original will and any documents that name alternatives or explain the testator’s intent.
2. Ask the named executor for a written renunciation if they will not serve.
3. Gather basic estate information (list of assets, property locations, bank accounts, contact info for heirs and beneficiaries).
4. Decide whether to file a probate petition yourself (courts provide forms and self-help resources) or hire a probate attorney to file and represent you in court.

For forms and starter guidance, visit the California Courts website’s probate section: https://www.courts.ca.gov/selfhelp-probate.htm.

Helpful Hints

• Get a written renunciation from the person named in the will — it speeds the court process.
• If the will names a successor, ask that person to file the probate petition; that avoids a contested priority fight.
• Notify all heirs and beneficiaries promptly — the court requires notice and a transparent process reduces disputes.
• Use the Judicial Council forms (like DE-111) when you file; courts often reject or delay filings that don’t use required forms. See: DE-111.
• Consider small estate procedures if the estate qualifies to avoid full probate.
• If someone contests the appointment, disputes can delay administration — consider mediation or legal counsel to resolve disagreements quickly.
• If you’re unsure whether to proceed on your own, a brief consultation with a probate attorney can clarify likely outcomes and court costs.