Who is an executor in the Probate process and what are their responsibilities according to the California law?

Responsibilities of an Executor in California

Here are the main things an executor must do:

1. 1. Start the Probate Process
      • File the original will and a request to start probate with the local Superior Court.
      • Notify family members, heirs, and people named in the will.
      • Publish a notice in the local newspaper to notify creditors or any other interested party.
   2. Take Care of the Deceased’s Assets
      • Find and protect all assets: homes, cars, bank accounts, investments, valuables, etc.
      • Make sure bills like mortgages, utilities, and insurance are paid.
      • Open a new estate bank account to keep everything organized and separate.
   3. Make a Full List of Assets
      • Create an inventory of everything the deceased owned.
      • Work with a court-appointed appraiser (called a probate referee) to determine what everything is worth.
   4. Pay Debts and Taxes
      • Identify all valid debts and pay them from the estate (not from your own money).
      • File and pay the deceased person’s final income taxes.
      • Pay any estate taxes if necessary.
   5. Take Care of Legal Issues
      • Sometimes, there may be legal disputes or claims against the estate.
      • The executor may need to hire an experienced probate attorney to help resolve these matters.
   6. Distribute Property to Heirs
      • After debts and taxes are handled, the executor distributes what’s left according to the will.
      • This includes transferring ownership of property, money, or personal items to the right people.
   7. Close the Estate
      • File a final report with the court, showing what was done with the estate.
      • Once the court approves, the executor can officially close out the estate and step down.
   8. Legal Duties of an Executor
      Executors in California are considered fiduciaries, which means they have a legal obligation to be honest, careful, and fair. Here’s what that means for you:
      • Act in the best interest of the beneficiaries—not yourself.
      • Keep detailed records of all money coming in and going out.
      • Stay neutral—you can’t favor one beneficiary over another.
      • Keep everyone informed, especially heirs and the court.

If an executor mismanages the estate or breaks these rules, the court can hold them personally responsible.

Can an Executor Get Paid?

Yes. Under California law, executors are entitled to reasonable compensation, based on the size of the estate:

• • 4% of the first $100,000
  • 3% of the next $100,000
  • 2% of the next $800,000

(And additional percentages for larger estates.)
If the job involves extra work—like handling lawsuits or selling property—the court may approve extra pay.

How Long Does Probate Take?

Probate usually takes 9 to 18 months in California. Larger or more complex estates may take longer, especially if there are legal disputes, tax issues, or trouble finding heirs or assets.

Final Thoughts

Being an executor is a big responsibility, but you’re not alone. If you’ve been named an executor or are creating a will and choosing one, it’s a good idea to work with an experienced probate attorney. We can help you:

Understand your duties

• Avoid mistakes
• Keep things on track
• Protect yourself legally

If you have questions or need guidance at any step, our legal team is here to help make the process as smooth and stress-free as possible. You can get in touch with us by clicking: Contact Us