Close X

What are the responsibilities of a probate executor?

Posted by Michael Guzman | Oct 23, 2019 | 0 Comments

If you've been named executor in a will, or seek appointment as administrator, the probate court will hold you to a high standard when managing the estate. Here are some of your duties as personal representative of the estate:

Managing the assets of the estate

When managing estate property, remember these items:

  • You are held to a standard of a prudent person investing someone else's property
  • Make careful investment (not speculative)
  • Keep estate property separate from your own (set up a separate account for estate funds)
  • Other than an administrative checking account, any estate account must be interest-bearing
  • Get permission from the court, or ask your attorney, before spending estate funds

Providing an inventory of property in the estate

One of the first things you will do as personal representative is locate and take possession of the assets in the estate, determine their value, and file an inventory and appraisal with the court (within 4 months after Letters are issued). For real property, you will need to file a change of ownership report with the county recorder or assessor.

Providing notice to creditors

You must notify creditors of the death within 4 months of appointment. You also have to give notice to Medi-Cal and any other appropriate agency, depending on the circumstances.

Insuring estate property

You should have sufficient insurance over estate property to cover any risks there might be to the property.

Keeping good records

Keep track of all financial transactions, property received, money spent, the date, description, and how much you have left. You will have to file an accounting, subject to court approval, so keep your receipts.

Obtaining legal assistance

If you need help, contact an attorney who can help with the probate process. Their fees are paid out of the estate, at the end of the probate administration.

Helix Law Firm can help with probate

If you are a named executor or a beneficiary of a probate estate, we can help you through the process.

If you're interested in learning more, please call us at (619) 567-4447 to schedule a free consultation.

About the Author

Michael Guzman

Michael Guzman is a Paralegal at Helix Law Firm. He helps to maintain Helix Law Firm's extraordinary quality of customer service, and assists in the intake of new clients and in communicating with existing clients and vendors. Michael attended the University of San Diego and is a proud Torero.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Helix Law Firm Is Here for You

At Helix Law Firm, we focus on Wills, Trusts, & Probate, Business Law, and Real Estate Law. We are here to listen to you and help you navigate the legal system.

Contact Us Today

Helix Law Firm is committed to answering your questions about estate planning.

We'll gladly discuss your situation with you at your convenience. Contact us today to schedule an appointment.