Most people facing this role were named in a parent's or spouse's will and only learned what it meant after the funeral. Now there is a house with a mortgage, a lockbox of papers, and brothers, sisters or a stepparent asking what happens next. The questions are practical and they arrive at once: who can enter the house, who pays the bills, whether it can be sold, and when. This guide walks through those duties in the order an estate usually meets them, and it notes the cases where the executor has no role over the property at all.
What an Executor Is — and What the Role Means for Real Property
An executor is the person a will names to carry out its terms. When there is no will, the court appoints an administrator instead. California law calls both of them a personal representative. The California Courts guide to property after someone dies describes the personal representative as the person who collects the property of the person who died, pays their bills, and distributes what remains to heirs or beneficiaries. An heir is a person who inherits under the law when there is no will. A beneficiary is a person named to receive property in a will or trust.
When no executor is named or able to serve, Probate Code section 8461 sets the order of priority for appointing an administrator, starting with the surviving spouse or domestic partner, then children, then grandchildren, and continuing through a longer list.
Real property means land and what is built on it: a house, a condo, a lot. Personal property is everything else, such as bank accounts, vehicles and household goods. The Probate Code treats the two differently in several places, including sales and possession.
The executor's legal authority does not start at death. It starts when the Superior Court issues Letters Testamentary, the court document that proves the executor has been appointed and may act for the estate. Property held in a trust is different: a trustee or successor trustee holds and manages it under the trust's terms. The executor's authority reaches only property in the decedent's own name that passes through probate.
Securing and Insuring the Property Right Away
Protecting the house comes first, whether it will later be sold or kept by family. Under Probate Code section 9650, the personal representative "shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in his or her possession." That same section lets real property be left with the person presumptively entitled to it, unless or until the personal representative decides possession is necessary for administration, and that person must surrender it on request.
In practice, protection often includes:
- Change the locks so only the people responsible for the estate have keys.
- Address hazards such as leaks, unsafe steps or a broken gate before they cause damage.
- Prepare a vacant house for weather, including shutting off water where freezing is a risk.
- Photograph each room and the exterior, with dated notes on the condition at the time of death.
Insurance needs early attention. Probate Code section 9656 says the personal representative "may insure the property of the estate against damage or loss" and may insure against liability to third persons. A homeowner's policy written for an occupied home may treat a vacant house differently, so the carrier is the one to ask whether coverage continues and on what terms.
Property taxes, the mortgage, HOA dues and utilities keep coming due. Paying them from estate funds helps avoid default, liens or loss of the property while the estate is open. The executor is also entitled to collect rents from estate property until it is distributed, under the section 9650 rule above.
Inventory and Appraisal: The Probate Referee's Role
The inventory is a filed court document, not a private estimate. The Judicial Council's form DE-147, Duties and Liabilities of Personal Representative, says that within four months after Letters are first issued, the personal representative must file with the court an inventory and appraisal of all the assets in the estate. Note that the four months runs from the date Letters are first issued, not from the date of death.
Valuing a house is not the executor's call alone. The same form says the personal representative must arrange to have a court-appointed referee determine the value of the property unless the court waives the appointment, while the personal representative values certain "cash items" directly. A probate referee is an appraiser appointed through the court, so the executor does not simply hire an appraiser of their choosing for this purpose.
The form also says that when the inventory and appraisal is filed, the personal representative must file a change of ownership statement in each county where the decedent owned real property at death. The State Board of Equalization's Change in Ownership FAQ gives the same timing for probated estates, and 150 days from the date of death when there is no probate.
The appraisal fixes the property's value as of the date of death. That value matters beyond probate. A stepped-up basis means an heir's income-tax starting cost for inherited property is generally reset to its fair market value at death under federal law, which can affect tax on a later sale. Whether and how that applies to a particular house is a question a CPA, an enrolled agent or a tax attorney reviews.
Authority to Sell: Full Authority, Limited Authority, and Court Confirmation
Selling a house in probate depends on what authority the court has given the executor. Under the Independent Administration of Estates Act, a court can grant a personal representative authority to take many actions without court supervision. The court's order and the will determine how much authority the executor has.
When an executor with that authority plans an action the law requires notice for, Probate Code section 10580 says the personal representative "shall give notice of proposed action as provided in this chapter prior to the taking of the proposed action without court supervision." A Notice of Proposed Action is the document heirs and beneficiaries receive describing what the executor intends to do. It gives them a chance to object before the action happens, and an objection can move the matter before the court. The same section allows the executor to give this notice even when it is not required, and it does not create any power the executor lacks.
Without that independent authority, the court is involved directly. Probate Code section 10308 provides, except as provided in Section 10503, that "all sales of real property shall be reported to and be confirmed by the court before title to the property passes to the purchaser," whether the sale is private or by auction and even when the will directs or authorizes the sale. If the personal representative does not file the report and petition within 30 days after the sale, the buyer may file them. Notice of the hearing goes to the people the code designates and to the buyers, and is posted. At the hearing, the court reviews the sale before it can close. A probate attorney can say which path applies under a particular grant of authority.
Selling Estate Real Property: What the Executor Controls and What the Court Oversees
An executor who sells is acting as a fiduciary, a person legally required to act for others' benefit rather than their own. The DE-147 form says the personal representative must manage estate assets "with the care of a prudent person dealing with someone else's property." For a house, that means seeking fair value, which is a legal standard and not only a practical goal.
The executor decides whether to sell, within the will's terms and the authority the court has granted. The proceeds belong to the estate. The DE-147 form says estate money must be kept separate from anyone else's, including the executor's, in an account whose name shows it is an estate account. Proceeds are then distributed under the will or, without one, under California's intestate succession laws, and the executor reports the sale and its proceeds in the accounting filed with the court.
Families generally weigh a few kinds of sale. A listing with a licensed real estate agent can reach a wide market but may involve repairs, showings and buyer financing. A cash sale to an investor or buyer can reduce repairs, showings, financing uncertainty and time, though how it compares with a listing varies from estate to estate. Whatever the form, the duty to seek fair value stays the same. Listing, pricing, offers and escrow are the selling process itself, which this page does not walk through. Families still deciding among keeping, renting and selling can compare those paths in keep, rent or sell guidance.
Transferring Title to Heirs or Beneficiaries Without a Sale
When the family keeps the house, the estate still has to move title into the names of the people who inherit it. In probate, this generally happens near the end of the case: the court issues an order for distribution, and that order, or a deed from the executor carrying it out, is recorded with the county recorder. The recorded document is what shows the heir as the new owner of record.
Property tax follows the change in ownership. The Board of Equalization's FAQ explains that an inheritance is a transfer that can be a change in ownership, and that a change in ownership report is due at the same time the inventory and appraisal is filed in a probated estate. The county assessor publishes its own forms and instructions.
For transfers on or after February 16, 2021, Rev. & Tax. Code section 63.2 provides a parent-child and grandparent-grandchild exclusion from reassessment, but only for a claim that is filed and only where conditions are met, including that the home was the transferor's principal residence and becomes the transferee's principal residence within one year, and that the transferee files for the homeowners' or disabled veterans' exemption within a year. The exclusion is full only if the home's market value is less than its taxable value just before the transfer plus a limit set by law; above that, the difference is added to the taxable value. The Board of Equalization's Proposition 19 page says a rental home between parents and children does not qualify, and that the date of death decides which law applies. Eligibility is a question for the county assessor's office. An heir sorting out the house itself may find the guide on inheriting a house in California useful.
Property held in a living trust moves differently, under the trustee's authority and without a probate court order.
Executor Duties to Beneficiaries — and What an Executor Cannot Do
Serving as executor often means making decisions for siblings or a stepparent who are watching closely. The fiduciary duty runs to all beneficiaries equally. The executor may not act for personal gain or favor one heir over another, even when the executor is also a beneficiary. Holding both roles is common, and the executor role's duties come first while the estate is open.
The DE-147 form sets out several limits plainly. The personal representative should not spend estate money without court permission or an attorney's advice, apart from reimbursing official court costs and the bond premium. The executor may not pay fees to themselves or their attorney without a prior court order. Estate funds may not be mixed with personal funds. The form warns that failing to get required court permission can lead to removal, personal reimbursement of the estate, or both. An executor interested in buying estate property faces conflict-of-interest rules a probate attorney can explain.
Common mistakes with real property include:
- Leave the house unsecured or uninsured in the weeks after death.
- Miss property-tax or mortgage payments while the estate is open.
- Sell without the required authority, notice or court confirmation.
- Fail to account for sale proceeds in the court accounting.
- Distribute property before debts and taxes are addressed.
The DE-147 form also says a notice of administration must be mailed to each known creditor within four months after appointment, and, if the decedent received Medi-Cal, the State Director of Health Services must be notified within 90 days after appointment.
The will, the Probate Code and the court's orders all limit what an executor may do. Where heirs and an executor are in conflict, or misconduct is suspected, that is a contested probate matter handled by an attorney who litigates trust and probate cases.
When Probate May Not Be Required for Real Property
Before taking on these duties, it helps to confirm that the house is actually part of the probate estate. The California Courts self-help guide explains that, depending on the amount and type of property, a family may or may not need to go to court, and that an estate may need probate even when there was a will.
Several kinds of ownership pass outside the executor's control:
- Joint tenancy. Real property held as joint tenants generally passes to the surviving joint tenant, and the survivor records proof of the death with the county recorder; the executor has no authority over it.
- Living trust. Property in a revocable trust is administered by the successor trustee under the trust's terms. Probate Code section 16061.7 requires the trustee to serve a notification on beneficiaries and heirs not later than 60 days after the trust becomes irrevocable at death, or 60 days after learning of a person entitled to it.
- Surviving spouse or domestic partner. Probate Code section 13650 allows a petition asking the court to find that administration is not necessary for property passing to the surviving spouse.
California also has simplified procedures for real property: the affidavit for real property of small value and the petition to determine succession to the decedent's primary residence. Each has value limits that are adjusted over time and eligibility rules; the Superior Court's probate self-help resources or a probate attorney can confirm the current figures. For the small-estate count, Probate Code section 13050 excludes joint tenancy property and property in a revocable trust, among other items. Property that passes outside probate is not subject to the executor duties above. The California estate settlement guide and the estate settlement checklist lay out the wider sequence.
