Duties of a Personal Representative in California

If you've been named executor in a will — or you're stepping up as administrator because there wasn't one — you've taken on a court-supervised role with specific duties. Here is what the job actually involves, in roughly the order it unfolds.

Read the will and meet the interested parties

The first duty is understanding the decedent's wishes: reading the will, carrying out any burial instructions it contains, and meeting with family members and other interested parties. Early on you'll also confer with the attorney who drew the will (if any) and with the people familiar with the decedent's financial affairs.

Safeguard the assets — immediately

Even before the court formally appoints you, take protective measures. Confirm insurance is in force on both real and personal property, secure the decedent's books, files, and any ongoing business interests, and notify banks and safe-deposit companies of the death. A vacant house is the biggest exposure: it needs to be locked down, insured, and maintained from day one — if curb appeal slides or squatters move in, the estate pays for it.

Petition the court

Through the estate's attorney (or on your own behalf), you'll file the Petition for Probate, obtain proof of heirship, locate witnesses, and ask the court for your formal appointment. You'll file an oath of office, and the court issues the letters that give you legal authority to act. From this point on you are accountable to the court for everything the estate owns.

Inventory and appraise everything

Next comes assembling a complete inventory of the estate: collecting life-insurance proceeds, appraising household goods and effects, moving valuables to safekeeping, taking custody of securities and collecting their interest and dividends, pressing claims the estate holds against others, and inspecting the condition, leases, taxes, and mortgages of all real estate. Values are set with the court-appointed probate referee, establishing each asset's worth as of the date of death.

Administer the estate

Administration is governed by the wishes in the will, the needs of the estate, and California probate law. In practice it means judgment calls: which assets to hold and which to sell, how to keep a business running or wind it down, and — for the real estate — a hard look at its condition, the market, and whether the estate is best served by selling. Proceeds must cover taxes, expenses of administration, legacies, and claims, so the timing and net outcome of a property sale matter enormously.

File the tax returns

The representative is responsible for every required return: the decedent's final income-tax returns (covering the part of the year before death), the estate's returns for the period after death, and any inheritance and estate-tax filings, state and federal. It is detailed, deadline-driven work — exactly where an experienced CPA earns their fee.

Settle claims and debts

You'll publish notice to creditors, evaluate the evidence behind each claim that comes in, resist the improper ones, and pay the approved ones from estate funds. A careful survey of possible tax claims closes out this stage, so no liability surfaces after the estate is distributed.

Distribute and be discharged

Finally, you'll prepare the accounting — a detailed report of all receipts and disbursements — notify the interested persons, and, once the court settles the account, distribute the remaining property as the court directs. After the final payments and distributions are made, the court grants your final discharge, formally ending your responsibility.

You don't have to do it alone

Nothing in this list requires you to personally be a lawyer, an accountant, a contractor, and a real estate agent. It requires you to retain the right ones. A probate attorney keeps the filings on track; a CPA handles the returns; and a probate-experienced agent secures, prepares, and sells the property — typically the estate's largest asset — while keeping the sale aligned with the court's timeline. That's the part we do every week.