Attorney
Being named the executor of an estate can feel overwhelming—especially if you’ve never done it before. At Horizon Elder Law & Estate Planning, we work with families throughout Contra Costa County, Alameda County, and the Bay Area to guide them through the estate administration process.
This article breaks down executor duties in plain, simple terms so you understand exactly what’s involved and how to avoid common pitfalls.
What Is an Executor?
In California, the court appoints a personal representative to handle a deceased person’s estate.
- If there’s a will, the person the court appoints from the will is an executor.
- If there’s no will (or the named person can’t serve), the court appoints an administrator.
Executors and administrators have the same job: follow California law, honor the will’s instructions (if there is one), and make sure assets are distributed to the rightful beneficiaries.
Your Key Responsibilities as an Executor (California)
While every estate is different, most California cases involve these steps:
Lodge the Will (if there is one).
If you have the original will, the custodian must deliver (“lodge”) it with the superior court in the county where the decedent lived within 30 days of learning of the death—even if a complete probate isn’t opened.
Open probate and get appointed.
Being named in a will doesn’t give you authority to act. You (or your attorney) file a Petition for Probate. After the hearing, the court issues Letters Testamentary (or Letters of Administration), which is your official authority to act. A bond may be required unless the will waives it or the court excuses it.
Give notice before the hearing.
You must mail a Notice of Petition to Administer Estate to heirs and will beneficiaries at least 15 days before the hearing, and publish the notice in a local newspaper as required.
Secure and manage estate assets.
Safeguard real estate and valuables, maintain insurance, redirect mail, open an estate bank account, and keep estate funds separate. Keep detailed records.
Inventory & Appraisal (due within four months of appointment).
File the Inventory and Appraisal (DE‑160/DE‑161) listing estate assets. A court‑appointed probate referee values most non‑cash items.
Notify creditors and handle claims.
After you’re appointed, send the Notice of Administration to Creditors to known creditors. In general, a creditor’s claim is due by the later of four months after Letters are first issued or 60 days after that creditor is given notice. Evaluate, allow, or reject claims, and pay valid debts.
Pay expenses and taxes.
Pay allowable administration expenses (court costs, publication, bond, etc.), funeral expenses, and taxes. Coordinate any required final income tax returns and fiduciary income tax returns.
If the decedent received Medi‑Cal benefits, you must send the required notice to the Department of Health Care Services—typically within 90 days of death.
Distribute assets (with court approval).
When debts, taxes, and claims are handled, you’ll petition the court for final distribution (often with a final account or report). After the court signs the order, you transfer assets to the beneficiaries or heirs.
Close the estate.
Obtain receipts from beneficiaries, complete any remaining tasks, and request your discharge so that the court can formally close the case.
The Timeline for Executor Duties
In California, probate can take several months to over a year, depending on the size and complexity of the estate.
- Immediate tasks (first few weeks): Lodge the will, consult counsel, secure property, gather key documents, file the probate petition, and arrange required mailed and published notices.
- Mid‑process (months one to four after appointment): Receive Letters, send creditor notices, file the Inventory & Appraisal, continue managing assets.
- Final steps (months four to 12+): Resolve creditor claims and taxes, petition for final distribution, make distributions after court approval, file receipts, and close the estate.
Common Challenges Executors Face
Even with clear instructions, executors often encounter issues such as:
- Disputes between heirs or beneficiaries
- Missing or incomplete financial records
- Complex tax questions
- Assets located in multiple states (which can require ancillary probate outside California)
- Real estate or businesses that need to be sold or managed
These challenges can cause delays and increase costs. Working with an experienced estate administration attorney helps you avoid mistakes and ensures the process moves smoothly.
Your Legal Duties as an Executor
You owe a fiduciary duty to the estate and its beneficiaries. This means you must:
- Be honest and transparent in your dealings
- Keep accurate, complete records
- Avoid conflicts of interest and self‑dealing
- Follow court orders and California probate law
Failing to meet these responsibilities can result in personal liability (also known as a surcharge)—you may be held financially responsible for losses caused by mistakes or misconduct.
When to Seek Legal Help
If you’ve been named executor, it’s wise to get legal guidance early. At Horizon Elder Law & Estate Planning, we help executors:
- Understand their role and responsibilities
- Navigate California’s probate procedures and deadlines
- Communicate effectively with beneficiaries and creditors
- Resolve disputes without costly litigation
- Prepare and file the necessary court forms, notices, and reports
With a knowledgeable legal team on your side, you can protect yourself from liability and make sure the estate is handled efficiently and correctly.
Serving Contra Costa & Alameda County
Whether you’re in San Ramon, Walnut Creek, Danville, Pleasanton, or anywhere in the Bay Area, Horizon Elder Law & Estate Planning can help you fulfill your duties as executor with confidence and peace of mind. Contact Horizon Elder Law & Estate Planning today to schedule your consultation.