Dealing with a loved one’s passing can be an emotionally draining experience. It can become even more complicated when you are named to the role of the executor in California probate. The executor is responsible for carrying out the deceased’s wishes, settling their debts, and ensuring proper asset distribution. Californians who are new to this role should consult a probate attorney well-versed in California probate laws to help them take on this position the right way.

Who Can Be an Executor?

The executor is named in the decedent’s will. An individual must embody the following characteristics to be considered for the executor role:

• Be an adult
• Be mentally competent
• Be a resident of the U.S.

In general, the executor is a relative or close friend of the decedent. Sometimes, there are cases where multiple people want to be an executor. In these instances, the court may prioritize each person’s relationship to the decedent. Usually, the people given preference include surviving spouses, children, and other heirs. If there is no will or if the person appointed to the role is unable to serve, the court selects an administrator.

The executor role comes with significant responsibilities. The person taking on this position must be well-organized and trustworthy. These attributes come in handy in situations where beneficiaries disagree, as the executor has to remain impartial and obey the court.

Duties and Responsibilities of the Executor

Executors in California have a broad range of responsibilities that exceed the simple distribution of assets. They are in charge of identifying, securing, and valuing the assets and debts of the estate. Doing this may require notifying creditors and settling any ongoing financial matters. The executor is then responsible for paying any legitimate debts and taxes after they account for all the assets. This involves filing state and federal tax returns if necessary.

The executor may also have to sell off property if more funds are needed to meet financial obligations. Then, they must submit a final financial accounting to the court for its approval before distributing any remaining assets to heirs in accordance with the will and legal regulations.

Challenges Executors Commonly Face

Many executors may find that the probate process is more complex than they ever thought. Juggling several deadlines, studying legal documentation, and handling family disputes can quickly overwhelm them. Emotional stress, specifically, can be a common challenge. Many executors may try managing their family expectations and legal duties, all while dealing with their own grief.

Another area of stress can be the fact that executors face personal liability for mistakes they make. This includes mishandling funds or missing filing deadlines. Legal and financial penalties can apply when the executor’s decisions do not comply with California’s probate laws.

FAQs

Q: Does an Executor of a Will Need a Lawyer in California?

A: An executor of a will in California does not have a legal obligation to hire a probate lawyer. However, most people do not have much experience with the laws, court procedures, and other regulations of the probate process. This means that handling an estate can quickly become stressful and overwhelming, especially when also trying to manage grief. A knowledgeable probate attorney can advise an executor and alleviate much of the burden of the role.

Q: What Control Does an Executor Have Over a Will?

A: The control an executor has over a will is strictly determined by the court, which appoints them to step into the role. This individual can make administrative decisions like paying legitimate debts or selling property. The executor must operate within the legal boundaries established for their role. They do not have the control to change or interpret the will.

Q: What Is the First Thing an Executor of a Will Should Do in California?

A: The first thing an executor of a will should do in California is file the will with the probate court in the county where the deceased resided. For instance, if the deceased was a San Marcos resident, the executor would file the will in the Central Courthouse on Union Street in San Diego County. The executor should notify beneficiaries and creditors about their actions. Securing the estate’s bank account, real estate, and other assets is a must to prevent loss.

Q: What Can an Executor Not Do in California?

A: There are certain things an executor legally cannot do in California. An executor can’t legally misuse estate funds, hide assets, or prioritize their interests over the beneficiaries. Additionally, they may not change the will or distribute any property until debts are resolved and receive court approval. Acting outside of the boundaries given can lead to serious violations and potentially result in their removal from their position or other penalties.

Protect Your Position in the Probate Process Today: Hire a Probate Lawyer

It is a significant responsibility to be named as an executor under California probate laws. The executor has the important role of making sure the deceased’s will is carried out in a way that honors them. Estate administration and management can become a smoother, quicker, and less stressful experience with the right legal support. This is especially so in cases pertaining to high-value assets or disputes, where errors can cause financial ramifications.

Do not hesitate to hire a probate lawyer if you are not familiar with California probate laws. A qualified probate attorney can make sure that any necessary filings, valuations, and asset distributions adhere to legal standards. Having an attorney in your corner can also provide emotional relief. This allows the executor to concentrate on family matters while the lawyer manages the more complex parts of the process.

Californians who must step into this unfamiliar role can rely on Paul V. L. Campo Attorney at Law for legal insight and guidance. Paul has over 30 years of experience in using his skill and compassion in helping Californians handle their own estate and others’ estates. Our experienced legal team can guide you through the process, help you avoid costly mistakes, and be stable for your family. Contact us today to schedule an initial consultation and discuss your case.