Executor Duties in California: What to Do After Someone Passes Away
Serving as an executor in California is a significant responsibility that requires diligence, organization, and a clear understanding of legal obligations. At The Grossman Law Firm,
we help guide executors through each step of this process to ease what can otherwise feel like an overwhelming task. We are committed to providing you with support throughout this complex process. Serving as an executor involves managing the deceased’s estate, ensuring that debts are settled, and distributing assets to beneficiaries in accordance with the terms of the will. It is crucial to understand the scope and sequence of these fiduciary duties, the duty of loyalty and care, for a smooth administration.
Immediate Steps After the Testator’s Death
Obtain Certified Copies of the Death Certificate
Request multiple certified copies from the county health department. You’ll need them for probate filings, financial institutions, and insurance claims.
Locate the Will
Secure the most current, signed version of the will. The will is usually kept in a safe deposit box, home safe, or, if you have one, your estate planning attorney.
Notify Heirs and Beneficiaries
Once probate is initiated by filing the petition, California law requires that notice be given to interested parties, including heirs and named beneficiaries, at least 15 days before the scheduled probate hearing.
Starting the Probate Process in California
File the Will with the Probate Court
Submit the will to the Superior Court in the county where the decedent lived, as required by California Probate Code § 8200.
Petition for Probate and Letters Testamentary
File a Petition for Probate (Form DE-111) with the Superior Court to begin probate. Once approved, the court issues Letters Testamentary, granting you legal authority to administer the estate under California Probate Code § 8000.
Publish Notice to Creditors
Under Probate Code § 8120–8124, publish a notice in an approved local newspaper, notifying creditors of the probate case, and allowing them time to file claims.
Executor Duties in California
Inventory and Appraise the Estate’s Assets
Complete an Inventory and Appraisal (Form DE-160/DE-161), listing all estate property and obtaining a court-appointed probate referee’s valuations where needed (Probate Code § 8800–8900).
Manage Estate Funds Separately
Open an estate bank account to handle incoming funds and expenses. Keep precise financial records for court-required accountings.
Pay Debts, Taxes, and Valid Claims
Identify outstanding debts, pay final income taxes, and address any estate tax obligations if applicable. Prioritize creditor claims according to Probate Code §§ 11420–11429.
Distribute Assets According to the Will
Once debts are paid and the court grants approval, distribute the estate’s remaining assets to the named beneficiaries. Maintain clear records of each distribution.
Keeping Beneficiaries Informed
Regularly update beneficiaries on the estate’s status, upcoming hearings, and expected timelines. Transparent communication helps build trust and prevent disputes.
Completing the Probate Process
Prepare and File a Final Accounting
Submit a detailed financial accounting to the court, showing all receipts, expenses, and distributions (Probate Code § 10900–10951).
Request Final Distribution and Estate Closure
Petition the court for approval to distribute the remaining assets. Once completed, file a Petition for Final Discharge to be formally released from your fiduciary duties.
Next Steps
Being named executor of a California estate is an honor, but it carries fiduciary duties and strict timelines. Knowing your responsibilities, following probate rules, and seeking professional guidance can protect you and the estate from costly errors.
At The Grossman Law Firm APC, we have helped executors across California navigate probate proceedings for over twenty years. If you’ve recently lost a loved one and need help understanding your next steps as executor, contact us for a free 30-minute phone consultation at (888) 443-6590. Or fill out our Get Help Now form.
Frequently Asked Probate Questions (FAQ)
What should I do if the will is unclear or someone challenges it?
If parts of the will are difficult to understand or if a beneficiary disputes its terms, it’s wise to get legal advice right away. An experienced probate attorney can explain the meaning of the will and help address any concerns you may have.
Can an executor be personally responsible for mistakes during probate?
Yes. The executor has a fiduciary duty to manage the estate responsibly. If they mishandle funds, miss important deadlines, or fail to follow probate rules, they could be held personally liable. That’s one reason why working with an experienced probate attorney is a wise decision.
How long does probate typically take in California?
Most probate cases take between 6 and 12 months. However, if the estate is large, includes complicated assets, or involves disputes, the process may take longer. Timely filings and organized records help avoid delays.