Dos and Don’ts for California Probate Executors

Reduce Probate Risks with Darrell Harriman’s Expert Guidance.

Executors and administrators are court-appointed personal representatives of the estates of individuals who have passed away. To that end, they are tasked with a number of duties and responsibilities, and they are held to a strict fiduciary standard with regard to the actions they take in carrying out those duties.

If you have a loved one who has passed away, I strongly encourage you to get in touch with a qualified California probate administration attorney as soon as practicable. Your attorney will assist you with the extremely complex probate administration process from beginning to end, and will serve as a trusted advisor on whatever legal issues may arise.

If you’ve been nominated by the decedent’s will to serve as the Executor of an estate or have a loved one who has passed away without a will — and you have minimal or no experience handling probate administration matters — you may be feeling a bit lost and a bit nervous. These are perfectly normal reactions, as the failure to adequately perform your duties as Executor or Administrator of an estate can lead to personal liability.

Consider the following dos and don’ts when it comes to being the Executor or Administrator of an estate in California.

Navigating probate on your own can be overwhelming. Each case is different, with its own set of challenges. Reach out to Law Offices of Darrell C. Harriman via online formor by calling (818) 892-7093, and I’ll provide the answers you need – free of charge.

Dos and Don'ts When Administrating an Estate

Don't Make Payments Without California Court Approval

Executors and Administrators must inventory estate assets, communicate with creditors and taxing authorities, pay taxes and debts of the decedent, make payments for various services (— such as professional appraisals, tax preparers, and attorneys) — and, eventually, distribute the estate assets to the rightful beneficiaries. Failure to adequately accomplish these tasks may result in personal liability for breach of fiduciary duty.

It’s important to note, however, that Executors and Administrators cannot make payments and distributions without first securing court approval. In addition, special procedures must be followed when selling or liquidating estate assets.

Securing court approval for routine expenses or sale of assets can slow things down considerably. If you wish to avoid having to obtain court approval for every payment or, asset management decision, then you can request that the probate court grant you full powers as the estate representative. If the request is granted, the need to obtain court approval for most such actions can be avoided.

Don't Act as the Executor Before Being Formally Appointed

Being nominated as Executor in a loved one’s Will is often considered an honor. However, you may not move forward with your duties until you have been formally appointed by the court. In California, the fact that the Will names an Executor is not — in and of itself — a guarantee that the court will appoint the named individual as Executor. The court must still “vet” you to ensure that you can handle the responsibilities at issue.

Identify and Notify All Creditors and Beneficiaries

The probate process in California is designed to ensure that all creditors and beneficiaries secure what they are entitled to receive from a decedent’s estate. As the Executor or Administrator, you must give creditors and beneficiaries the opportunity to engage in the process — It is your duty to notify all known creditors and beneficiaries regarding the passing of the deceased individual. You are also obligated to provide certain specifics regarding the probate hearing process.

Know the Key Deadlines for Executors and Administrators

Executors and Administrators must not only inventory and appraise the estate assets, identify and serve notice upon creditors and beneficiaries, and manage the assets, but they must also do so within applicable, very rigid deadline periods.

For example, Executors and Administrators in California have four months from the date of their appointment to complete a comprehensive inventorying and appraisal of the estate assets. An unjustified delay may give rise to penalties and additional administrative burdens. Under certain circumstances, a lengthy delay may even be deemed a breach of fiduciary duty and expose the Executor to personal liability.

Collect Remaining, Unpaid Assets

As the Executor or Administrator, it’s part of your job to identify all the assets belonging to the deceased individual — including those that are still unpaid — and secure them on behalf of the estate. These assets may include unpaid salary, retirement benefits, healthcare benefits, disability benefits, and payments under contract. If a third party prevents you from collecting the unpaid assets, you may need to request a court order to compel payment, or may need to actually file a lawsuit on behalf of the estate.

Common Probate Administration Questions

How Can California Executors Obtain Court Approval for Specific Actions?

To obtain court approval for specific actions as a California executor:

• The executor must file a petition with the probate court detailing the action they wish to undertake, such as selling real estate or distributing assets. This petition should include comprehensive documentation, demonstrating why the action is necessary and how it benefits the estate, ensuring that all information is accurate and complete.
• Once the petition is filed, a court hearing is scheduled. During this hearing, the executor, often with the assistance of an attorney, presents the case to the judge, explaining the rationale behind the requested action. It is essential to provide clear evidence and respond to any inquiries from the court to support the petition.

In addition, notice of the petition and hearing must be given to all interested parties, including beneficiaries and creditors, allowing them the opportunity to object if they have concerns. 

If the court is satisfied with the evidence and there are no valid objections, the judge will grant approval, authorizing the executor to proceed with the proposed action. Proper legal guidance can ensure this process is handled smoothly and efficiently.

What Deadlines Must Executors Meet During the Probate Process?

During the probate process in California, executors must stick to several critical deadlines to ensure efficient estate administration. Initially, within 30 days of being appointed, the executor is required to file the will with the probate court if it hasn't already been submitted. This starts the official probate proceedings.

Subsequently, the executor has four months from the date of their appointment to inventory and appraise the decedent's assets. This comprehensive inventory is crucial for valuing the estate accurately and identifying all relevant assets.

Another important timeline involves notifying creditors. Executors must identify and notify known creditors of the probate proceedings promptly, allowing creditors up to four months to submit their claims against the estate. This period helps in resolving debts and prevents future disputes.

Finally, executors must prepare and submit a final account to the court, detailing all financial transactions and distributions made during the administration of the estate. This step is generally expected to be completed within one year from the date of appointment unless complexities arise that necessitate additional time.

By following these deadlines, executors can fulfill their fiduciary responsibilities effectively, ensuring that the probate process proceeds smoothly and in compliance with state laws.

Want to know more? Speak with a probate administration attorney at Law Offices of Darrell C. Harriman. Contact us or call (818) 892-7093.