During the administration of an estate in California, assets may be divided between a trust and the decedent’s probate estate. Assets held in the trust will be overseen by the trustee appointed in that document.
Articles about Executor Duties
For those who have never been involved in handling the affairs of a friend or loved one, the concept of what is involved in this process can be overwhelming. Often, individuals are not certain what it means to be appointed an executor, administrator, or trustee.
What should I do if there is not enough cash in the San Diego probate estate to pay all of its debts?
If you are the executor or administrator of a California probate estate, part of your responsibilities include paying the valid debts of the estate.
For those beneficiaries and heirs unfamiliar with the California estate administration process, it is not always clear whether the executor or trustee is acting properly and in accordance with state law.
Who Cannot Act As A Personal Representative During A California Probate Administration? What is Conservatorship?
A personal representative is someone who is entrusted to carry out the administration of a California estate. This role comes with several significant responsibilities, including managing the estate assets, providing notice to creditors and heirs, and distributing the estate property.
What is estate tax & what happens if an executor of a California estate fails to make the portability election following the passing of the first spouse?
Under the American Taxpayer Relief Tax Act of 2012, executors or administrators of an estate can make an election to preserve the estate tax exemption of the first spouse to pass away in a married couple. This allows the couple to take advantage of the exemption amounts of both individuals.
What are the duties of the personal representative during a California ancillary probate proceeding?
Ancillary probate proceedings are initiated when an individual passes away owning property in a different state. These proceedings are conducted under the probate laws in which the property existed.
If the attorney who drafted a will or trust named himself or herself as the executor or trustee, am I required to use this attorneys services?
You are not required to use drafting attorney services as executor or trustee, and you may not be required to use their services at all.