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Executors & Trustees

Executor Responsibilities in California

Updated October 15, 202615 official sources

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If you have been named executor of a California estate, your job is to ask the Superior Court to appoint you, then gather and protect the property, give notice to heirs and creditors, file an inventory, pay valid debts and taxes, report to the court, and hand what remains to the people entitled to it. Once letters are issued, you have the authority to act.

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Most people facing this role learned they were the executor at the worst possible moment, often from a will found in a drawer, with brothers, sisters or a surviving parent already asking what happens next. They are grieving, doing paperwork nobody trained them for, and trying to work out which tasks are urgent and which can wait. This page walks through what the role means in California, in order, so the family conversation can start from the same facts.

What an Executor Is — and What the Title Means Under California Law

An executor is the person a will names to carry out its terms. An administrator is the person the court appoints when there is no will, or when the named executor cannot or will not serve. The California Probate Code uses one umbrella term for both: the personal representative, meaning the person who represents the estate in the probate process, as the California Courts guide to property after someone dies puts it.

Being named in a will is not the same as having power. Under Probate Code section 8400, a person "has no power to administer the estate until the person is appointed personal representative and the appointment becomes effective," and the appointment becomes effective when the court issues letters. Letters are the court document that proves the personal representative's authority to banks, title companies and others; they are called letters testamentary when there is a will and letters of administration when there is not. One exception: a named executor may, before appointment, pay funeral expenses and take necessary steps to maintain and preserve the estate.

That authority comes from the probate division of the Superior Court. A trustee, or a successor trustee who takes over after a trust's creator dies, is a different role: a trustee administers a trust, not a probate estate, and does so largely without court appointment. One person can hold both titles, but the duties are separate.

The Core Duties: What California Law Requires an Executor to Do

For the family, these duties are the shape of the next year or more. Each is its own step.

Deliver the original will. Under Probate Code section 8200, unless a petition for probate is filed earlier, whoever holds the will must, within 30 days after learning of the death, deliver it to the clerk of the superior court of the county where the estate may be administered, and give a copy to the named executor (or, if the executor cannot be found, to a named beneficiary). A custodian who fails to do this is liable for resulting damages.

Open the case. The California Courts overview of formal probate says the petition is filed in the county where the decedent lived, or, for someone who lived outside California, in the county where the decedent owned property. The page says notice must be published in a newspaper of general circulation in the decedent's city, and that a judge decides at a hearing whom to appoint.

Notify creditors. The Judicial Council's DE-147 Duties and Liabilities of Personal Representative 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.

Inventory and appraise. Probate Code section 8800 requires a combined inventory and appraisal filed within four months after letters are first issued, or within further time the court allows as reasonable. Partial inventories are permitted, but all must be filed within that time. Alongside it, the personal representative certifies either that the decedent owned no California real property or that a change in ownership statement was filed with the recorder or assessor in each county where the decedent owned property. A probate referee values most non-cash assets; the representative values certain "cash items," the DE-147 says.

Manage and protect the property. Probate Code section 9650 gives the personal representative possession or control of estate property, the right to collect debts owed to the decedent, the right to receive rents until distribution, and the duty to pay taxes and protect the estate. Real property or tangible personal property, such as furniture or a car, may be left with the person presumptively entitled to it until the representative needs it for administration. The DE-147 adds that estate money must be kept in a separate estate account, never mixed with personal funds.

Pay debts and expenses. Valid debts are paid from the estate in the order of priority the Probate Code sets, if there is money to pay them.

File tax returns. The court's overview says a final personal income tax return is prepared for the decedent, and a return is also needed if the estate itself earned money, such as interest or profit on a sale. A CPA, an enrolled agent or a tax attorney reviews those returns and any question about basis.

Report and distribute. The court's page says the representative files a final report, a final account and a petition for final distribution; the final account is not required if everyone entitled to distribution signs a written waiver or a receipt for their share. A judge then decides whether to approve distribution to beneficiaries under the will, or to heirs under California's intestate succession rules when there is no will. A house usually passes under that court order, which is why the inherited house decisions a family faces often wait on it.

A broader estate settlement checklist sets these steps alongside tasks that fall outside probate.

The Probate Timeline: How Long an Executor Has to Settle a California Estate

California sets no single deadline to finish a probate estate, but courts usually require a report about a year after the personal representative is appointed, according to the California Courts overview of formal probate. That page says the report is set for a hearing so the judge can review the administration, and that the court will give more time if more is needed.

Several statutory clocks run inside that year, and most start from letters or appointment rather than from the death: the four-month inventory period and the creditor notices described above. Creditors also have a limited window to file claims after notice; a probate attorney can say how that period runs for a particular estate.

What tends to stretch the calendar is usually not the paperwork. A will contest, missing or unknown heirs, the sale of real property, tax questions or litigation over a claim can each add months. Through all of it, the law expects the personal representative to keep the estate moving, which is part of the ordinary care described in the liability section below.

Executor Compensation in California

Yes, executors are paid, and the amount is set by statute rather than negotiated. Probate Code section 10800 sets compensation for ordinary services as a percentage of the estate accounted for:

  • Four percent on the first $100,000.
  • Three percent on the next $100,000.
  • Two percent on the next $800,000.
  • One percent on the next $9,000,000.
  • One-half of one percent on the next $15,000,000.
  • A reasonable amount set by the court above $25,000,000.

The base is the appraisal value of the inventory, plus gains over appraisal on sales, plus receipts, less losses on sales, "without reference to encumbrances." That means a mortgage on the house does not reduce the figure. The DE-147 says no fees may be paid to the representative or the attorney without a prior court order, and the court's overview says fees are usually paid at the end of the case.

Many family executors choose to waive the fee, particularly when they are also a beneficiary. Work beyond ordinary administration, such as handling a sale of real property or litigation, may support a request to the court for additional compensation. Compensation received is generally taxable income, a question a CPA or tax attorney can review.

Executor Liability: What an Executor Is Personally Responsible For

An executor is a fiduciary: a person the law requires to act for the beneficiaries and the estate, not for themselves. That is the weight many family executors feel, especially when siblings are watching every decision.

The standard is ordinary care. Probate Code section 9600 says the personal representative "shall use ordinary care and diligence," judged by "all the circumstances of the particular estate," and must use a power when that care requires it and hold back when it does not. The DE-147 adds that estate assets must be managed with the care of a prudent person handling someone else's property, with no speculative investments.

Trouble usually comes from a few patterns: self-dealing, mixing estate money with personal money, spending without court permission when it is required, letting property waste, skipping creditor notices or distributing before debts are paid. The DE-147 says a representative who acts without required permission may be removed, may have to reimburse the estate from personal funds, or both.

There is a line between the estate's debts and the executor's own. The estate pays the decedent's bills; the executor is not personally responsible for them simply by serving. Section 9650 also says the representative is not accountable for debts left uncollected without the representative's fault, and a representative who follows the Probate Code in good faith is generally on firm ground.

Where heirs believe an executor has committed misconduct, that is a contested matter handled by an attorney who litigates probate cases. This page does not cover disputes between heirs and executors.

When Probate May Not Be Required — and What That Means for the Executor

Not every estate needs a full probate case, and when it does not, the formal executor role may never begin. The California Courts self-help guide notes that whether court is needed depends on the amount and type of property, and that an estate may need probate even with a will.

Property that passes outside probate is left out of the count. Under Probate Code section 13050, that includes joint tenancy property, property in a trust the decedent could revoke, multiple-party accounts to the extent they belong to a surviving party or payable-on-death (P.O.D.) payee, and registered vehicles, vessels and manufactured homes, among other items. Under Probate Code section 5302, money in a joint account generally belongs to the surviving party, and a survivorship right or P.O.D. designation "cannot be changed by will." Life insurance and retirement accounts with named beneficiaries typically pass by their own terms.

For what remains, California offers simplified procedures, which the Judicial Council names as:

  • the affidavit for collection or transfer of personal property;
  • the petition to determine succession to the decedent's primary residence;
  • the affidavit for real property of small value;
  • the spousal or domestic partner property petition.

Under Probate Code section 13100, the personal property affidavit is available only once 40 days have passed since the death and the gross value of the decedent's California real and personal property does not exceed $166,250, a figure adjusted periodically. Under Probate Code section 13650, a surviving spouse may petition for an order that administration is not necessary for property passing to that spouse.

Trust property belongs to a successor trustee, not the executor. Under Probate Code section 16061.7, a trustee serves notice on beneficiaries and heirs within 60 days after a revocable trust becomes irrevocable at a settlor's death, or within 60 days after learning of a person entitled to notice. The California estate settlement guide sets probate and trust administration side by side.

Working With Professionals: Who Helps an Executor in California

An executor does not have to carry every task alone, and the DE-147 itself says an attorney is best qualified to advise about the duties. Silver Lining Estate is an educational resource, not a law firm or a CPA firm.

Probate attorney. Prepares the petition, notices, inventory filings, accountings and the petition for distribution. The executor hires the attorney; the court's overview says the attorney's fee is set by law as a percentage of the estate, may be higher in a difficult case, and is generally paid from the estate at the end. A self-representing executor can often pay for a single consultation, the same page notes. The State Bar of California licenses attorneys.

Probate referee. The State Controller's Office page on probate referees says the Controller appoints at least one referee per county to appraise estate assets, and that a referee's service is required for court resolution of an estate. The executor does not pick the referee.

CPA or enrolled agent. Handles the decedent's final income tax return, any return for the estate's own income, and basis questions.

Real estate professional. When the estate's real property is sold, the authority the court granted decides whether a sale needs court confirmation or another procedure; a probate attorney can say which applies to a particular estate.

Your next step

You Don’t Have to Work This Out Alone

If you’re dealing with an executor’s duties in California, a few short questions can help you find your next step.

Every estate is different. The questions cover your role, the estate and any property, then point you to the guides and kinds of help that fit your situation.

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Frequently asked questions

What are the responsibilities of an executor of someone's will?

An executor asks the Superior Court for appointment, then gathers and protects the estate, notifies heirs and creditors, files an inventory and appraisal, pays valid debts and taxes, reports to the court, and distributes what remains. The Probate Code governs each step, and authority begins only when letters issue.

How long does an executor have to settle an estate in California?

There is no single fixed deadline. The California Courts say courts usually require a report about a year after appointment and give more time when needed. Creditor periods, tax filings, a sale of real property and any contest all affect how long settlement takes.

Does an executor in California get paid?

Yes. Probate Code section 10800 sets a percentage schedule based on the estate accounted for, shown in the compensation section above. The executor may waive it, and extraordinary work may support a request for more. Compensation is generally taxable income, a question for a CPA or tax attorney.

Can an executor be held personally liable in California?

Yes, for breaching the fiduciary duty, such as self-dealing, mixing funds, distributing before debts are paid or wasting property. The DE-147 says this can mean removal, reimbursing the estate personally, or both. An executor who follows the Probate Code in good faith is generally on firm ground. Alleged misconduct is a matter for a probate litigation attorney.

Does every California estate have to go through probate?

No. Trust property, joint tenancy property, and accounts or policies with named beneficiaries typically pass outside probate. Smaller estates may use simplified procedures such as the affidavit for collection or transfer of personal property or the spousal or domestic partner property petition. The California Courts self-help pages publish current limits.

What is the difference between an executor and a trustee in California?

An executor, as a personal representative, is appointed by the court to administer a probate estate under a will. A trustee administers a trust, a separate arrangement that passes property outside probate. One person may hold both roles, but the duties and the governing rules differ.

What is the first thing an executor should do after someone dies in California?

The usual first steps are delivering the original will to the superior court clerk within the 30 days Probate Code section 8200 allows and filing a petition to open probate. Once the court issues letters, the executor has authority to act. A probate attorney typically prepares these first filings.

Professional help

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15 official sources

How pages on this site are sourced and kept up to date:

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Official sources & references

  1. 01Cal. Prob. Code § 5302California Legislative Information
  2. 02Cal. Prob. Code § 8200California Legislative Information
  3. 03Cal. Prob. Code § 8400California Legislative Information
  4. 04Cal. Prob. Code § 8800California Legislative Information
  5. 05Cal. Prob. Code § 9600California Legislative Information
  6. 06Cal. Prob. Code § 9650California Legislative Information
  7. 07Cal. Prob. Code § 10800California Legislative Information
  8. 08Cal. Prob. Code § 13050California Legislative Information
  9. 09Cal. Prob. Code § 13100California Legislative Information
  10. 10Cal. Prob. Code § 13650California Legislative Information
  11. 11Cal. Prob. Code § 16061.7California Legislative Information
  12. 12Judicial Council of California, DE-147 Duties and Liabilities of Personal RepresentativeCalifornia Courts
  13. 13California Courts Self-Help Guide, Guide to property after someone diesCalifornia Courts
  14. 14California Courts Self-Help Guide, Overview of formal probateCalifornia Courts
  15. 15California State Controller's Office, Probate RefereesCalifornia State Controller's Office

Agency names appear for identification only and do not imply endorsement.

Published by the Silver Lining Estate editorial team

Attorney contribution: Russell E. Griffith, CA Bar No. 120564