The Duty of the Estate Executor
The estate’s executor, sometimes termed the “personal representative,” is the individual responsible for initiating probate and overseeing the administration of the estate.
The duties of an executor typically include all of the following:
- Locating and protecting the decedent’s will
- Opening probate and sending notice to heirs and creditors
- Locating and cataloging the deceased person’s properties
- Assessing creditor claims and paying valid debts
- Distributing inheritances
The Role of the Probate Court
California’s probate courts have jurisdiction over cases involving people who lack the capacity to represent their own interests, including children, incapacitated adults, and the dead.
During the probate of an estate, the courts are responsible for:
- Ensuring the validity of the will
- Protecting the interests of estate beneficiaries and estate creditors
- Providing legal authority for the transfer of a deceased person’s property
If a creditor or another heir challenges the estate—or contests the terms of the deceased person’s estate plan—then the probate court will also serve as the venue for litigation.
An Overview of the Estate Administration Process
Probate and estate administration usually occur at the same time.
In some cases, estate administration can take place without undergoing every step in the probate process. This may happen if administration is only necessary for lower-value assets, or if probate has already been opened in another state.
If the estate is not protected by a trust and does not qualify for simplified probate procedures, then administration will typically involve the following steps:
Identifying the Executor
Executors are usually named in the decedent’s last will and testament, but the court may appoint a representative if the intended nominee declines or if there isn't a valid estate plan.
Petitioning the Court
If the executor agrees to serve in their capacity as personal representative, then they must file the initial petition to open probate. After this petition has been filed, the executor must:
- Present a copy of the deceased person’s original will for validation
- Send notices of probate proceedings to the decedent’s named heirs and beneficiaries
- Send notices of probate proceedings to any “interested parties,” including immediate relatives not named in the will and the estate’s potential creditors
Marshaling and Inventorying Estate Assets
The marshaling and managing of assets is often the single most laborious component of the estate administration process.
During this step, the executor must make a full accounting of any and all assets that could be subject to probate. These could include:
- Motor vehicles
- Kitchen appliances
- Furniture
- Electronics and electronic equipment
- Digital assets, like cryptocurrency or social media accounts
- Artwork, or other collections
- Certain real properties
The marshaling and inventorying of estate assets is time-consuming for several reasons.
Aside from the need to catalog many different items of many different types, executors have a legal duty to locate assets that may have been misplaced or lost. In other words, personal representatives may have to look through emails, bank statements, and other records to ascertain whether the decedent owned possessions that they forgot to list in their estate plan.
Paying the Estate’s Debts
If the deceased person had any outstanding debt, then their creditors may be entitled to place claims against the decedent’s estate. The executor is responsible for:
- Notifying creditors of probate
- Assessing creditor claims
- Determining if creditor claims are valid
- Defending the estate from invalid claims
Estates of any size could be subject to creditor claims, but larger estates may be more vulnerable to lender predation. These lenders may try to collect past the statute of limitations or demand assets that are legally off-limits.
Ensuring the Estate’s Integrity
Emotions can run high during estate administration, especially when executors, heirs, and creditors don’t see eye-to-eye.
Although most disputes can be resolved through a combination of compassion, cooperation, and compromise, estate-related disputes can—and often do—escalate to legal action. And it’s the executor’s job to ensure that these disputes pose as little risk as possible to the estate’s integrity.
If an executor mismanages estate assets or fails to mount a reasonable defense against a disinherited heir or disgruntled creditor, the executor could be held personally liable for a breach of fiduciary duty.
Distributing Inheritances
The distribution of inheritances is the step in the estate administration process that gets the most attention, but it comes at the end and can take months of hard work to reach.