John Woodall

BROKER ASSOCIATE, GRI, SRES, Certified PROBATE & TRUST Specialist
License# 01232653
 

Personal Representative / Executor — Duties & Requirements

 

Who is responsible for administering a California estate?

The person named in the will or, if none, the person appointed by the court according to California’s priority list
(Probate Code §8461).

Can there be co-executors?

Yes. However, co-executors must act jointly, which can slow the process.

Must the personal representative live in California? No, but out-of-state representatives may be required to obtain a bond unless waived.
Main duties of a California personal representative:

• Secure and protect estate assets
• Open an estate bank account
• File the Inventory & Appraisal with a licensed California Probate Referee
• Notify creditors
• Pay valid debts, taxes, and expenses
• Sell real property if authorized
• File petitions and accountings with the court
• Distribute assets after court approval

Do personal representatives get paid?Yes. Compensation is dictated by California statutory fees, plus potential extraordinary fees for real property sales or litigation. 
Liability for failing dutiesExecutors can be personally liable for losses caused by mismanagement, unpaid taxes, or unauthorized distributions. 
Disclaimer: The information on this page is for general informational purposes only and is not legal, tax, or financial advice. Real estate agents are not attorneys. Probate and estate laws vary by state, and you should consult a qualified attorney for advice regarding your specific situation.

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