When someone passes away, the executor of their estate takes on the important responsibility of managing and distributing their assets according to the will. In California, being an executor can be an honor—but it’s also a serious legal and financial commitment. Before you agree to take on this role, it’s important to understand what’s expected of you and how the process works.

Key Responsibilities of an Executor in California

As an executor, you are responsible for ensuring that the deceased person’s estate is handled properly under California probate law. This includes:

1. Filing the Will and Opening Probate
   The executor must file the will with the local probate court and petition to be officially appointed. This step officially begins the probate process.
2. Notifying Heirs, Beneficiaries, and Creditors
   California law requires the executor to notify all parties who have a potential interest in the estate. This includes family members, beneficiaries named in the will, and known creditors.
3. Managing Estate Assets
   The executor must identify, secure, and maintain all estate property. This might include real estate, financial accounts, vehicles, and personal belongings.
4. Paying Debts and Taxes
   Executors are responsible for ensuring all valid debts and final taxes are paid before any assets are distributed. Failure to do so correctly can result in personal liability.
5. Distributing the Remaining Assets
   Once all debts, expenses, and taxes are resolved, the executor distributes the remaining property to beneficiaries as directed by the will or, if there is no will, according to California’s intestacy laws.
6. Closing the Estate
   The final step is to provide a detailed accounting to the court and request to close the estate once all obligations have been fulfilled.

Why It’s Important to Think Before Accepting

Serving as an executor can be time-consuming and complex, especially for larger estates or those involving disputes among beneficiaries. Executors may be personally liable for mistakes in asset management or failure to follow probate rules. Consulting with an experienced California probate attorney can help ensure the process runs smoothly and that you are protected from potential legal pitfalls.

At All Day Law, APC, we can provide legal assistance to the California public in all matters related to estate administration and probate. Our team helps executors navigate California’s probate process efficiently and with confidence.