Executor and Administrator Duties in California
Last updated: August 2026
Being named executor is a job, not an honour, and California treats it as one. The personal representative of an estate holds legal title to its assets, owes fiduciary duties to every beneficiary and creditor, and can be held personally liable for getting it wrong — including for distributing assets before creditor claims are resolved. Most people appointed to the role have never done it before. Bay Legal, P.C. advises California executors, administrators, and successor trustees on what the job requires and what the exposure actually is.
Definition: A personal representative is the executor named in a will, or the administrator appointed by the court where there is none, authorised to settle a decedent’s estate.
Rachael Berg worked on my families probate to complete what another attorney did not finish. She did a great job helping me understand what needed to be done and prepared the paperwork.
— J. Angeles, Google review, August 2025. Attorney: Rachael Berg.
This review reflects one client’s experience. Results depend on the facts and law of each individual case and do not guarantee or predict a similar outcome in your matter.
[STAFF: quoted verbatim including “my families”. This review now appears on two pages, here and the California Probate pillar — the maximum under §7.5 Hard Rule 9.]
What does a personal representative actually have to do?
Eight things, in roughly this order, and each one carries a deadline or a duty attached to it.
- Get appointed. Petition the court, attend the hearing, and obtain Letters Testamentary or Letters of Administration. Until Letters issue you have no authority — a named executor cannot lawfully deal with estate assets before appointment.
- Secure the assets. Locate and protect everything the decedent owned, arrange insurance on real property, and keep estate funds in a separate estate account. Commingling with your own money is among the fastest routes to a surcharge.
- Notify. Heirs, beneficiaries, and known creditors under Probate Code section 9050, plus publication as required.
- Inventory and appraise. File the inventory within four months of Letters under section 8800, with non-cash assets valued by the court-appointed probate referee.
- Handle creditor claims. Allow or reject each claim, and pay valid ones in the statutory priority order under section 11420.
- Manage and file. Maintain or sell property, manage investments prudently, and file the decedent’s final income tax returns and any estate returns.
- Account. Prepare a final accounting showing every receipt and disbursement, and petition for distribution.
- Distribute and close. Transfer assets under the court’s order, obtain receipts, and seek discharge.
What are you personally liable for?
More than most first-time executors expect. The role is fiduciary, which means the standard is not good intentions but the care a prudent person would use managing someone else’s property.
The recurring exposures:
- Distributing too early. Paying beneficiaries before creditor claims are resolved can leave you personally liable for the unpaid debt. This is the single most common and most expensive mistake, and it usually comes from wanting to help a family member who is waiting.
- Commingling. Estate funds in a personal account, even briefly and even with perfect records, is a breach in itself.
- Self-dealing. Buying an estate asset, or selling one to a relative, without court approval or informed beneficiary consent.
- Failing to account. Beneficiaries are entitled to information, and a representative who does not provide it invites a petition to compel.
- Imprudent management. Letting property deteriorate, missing an insurance renewal, or holding a volatile position because the decedent liked it.
A representative who breaches these duties can be surcharged for the loss, denied compensation, and removed. Under Probate Code section 8502, a beneficiary may petition for removal on grounds including waste, mismanagement, failure to perform duties, and incapacity. Removal proceedings are public, and they are increasingly common where family relationships are already strained.
Do you get paid, and how much?
Yes. Under Probate Code section 10800, the personal representative is entitled to statutory compensation on the same percentage schedule that applies to the estate’s attorney under section 10810 — 4% of the first $100,000 of the gross estate, 3% of the next $100,000, 2% of the next $800,000, then 1%. On a $1 million gross estate that is $23,000 to the representative and $23,000 to the attorney.
Two points worth knowing before you decide. The fee is taxable income to you, whereas an inheritance generally is not — a family member who is both executor and beneficiary sometimes waives the fee for that reason, though not always correctly. And the court may award extraordinary compensation above the statutory figure for work beyond ordinary administration, such as running a business, handling litigation, or selling difficult property.
Can you decline, or resign partway through?
You can decline before accepting appointment, and you should if the estate is complex, the family is in conflict, or you do not have the time. Nomination in a will is not an obligation. Where the named executor declines, the alternate serves, and if there is none the court appoints an administrator under the statutory priority order.
Resigning after appointment is harder. It requires a petition, a full accounting to the date of resignation, and the court’s approval, and you remain answerable for what happened while you served. The decision point that matters is the first one.
What does an attorney do, and what do you still do yourself?
The division is worth stating plainly, because this page previously blurred it. The attorney prepares and files the petitions and court documents, advises on statutory duties and deadlines, coordinates the probate referee, manages the creditor notice and claims process, prepares the accounting, and represents the estate in any dispute.
You remain the personal representative. You sign the filings, you hold the estate account, you make the management decisions, and the fiduciary duties are yours. Counsel is how you discharge them correctly; it is not a transfer of the role. Estate legal fees are payable from the estate rather than from your own pocket, which is often the point people most need clarifying.
Who advises executors at Bay Legal?
Sivendra Ganesh Maraj leads estate planning and probate. Rachael Berg handles probate litigation and trust administration disputes, including removal and surcharge proceedings on either side. Where administration becomes contested, the firm’s litigation group supports it under managing attorney Jayson R. Elliott and lead litigation attorney Evan Livingstone.
Scope. Bay Legal, P.C. represents personal representatives and beneficiaries in California probate administration. The firm does not provide accounting or tax preparation services and works alongside the estate’s CPA and the court-appointed probate referee.
Bay Legal, P.C. serves clients statewide from offices in Palo Alto and Los Angeles, appearing in Superior Courts from Santa Clara, San Mateo, Alameda, San Francisco, and Contra Costa in the north to Los Angeles, Orange, and Ventura in the south.
Frequently Asked Questions
What is the difference between an executor and an administrator?
An executor is named in the will. An administrator is appointed by the court where there is no will, or where the named executor cannot or will not serve. The duties are effectively identical once Letters issue — the difference is how the person got there, not what they must do.
Can I be held personally liable as executor?
Yes. The role is fiduciary, and a representative who distributes before creditor claims are resolved, commingles estate funds, self-deals, fails to account, or manages assets imprudently can be surcharged for the loss, denied compensation, and removed under Probate Code section 8502. Acting on legal advice is the practical protection.
How much does an executor get paid in California?
Statutory compensation under Probate Code section 10800, on the same schedule as the attorney’s fee under section 10810: 4% of the first $100,000 of the gross estate, 3% of the next $100,000, 2% of the next $800,000, then 1%. The court may award more for extraordinary services. The fee is taxable income to you.
Do I have to accept being named executor?
No. Nomination in a will is not an obligation, and declining before appointment is straightforward — the alternate serves, or the court appoints an administrator. Resigning after appointment requires a petition, an accounting to the date of resignation, and court approval, and you remain answerable for your period of service.
Who pays the attorney’s fees, me or the estate?
The estate. Statutory attorney compensation is paid from estate assets as an administration expense, approved by the court at the final accounting, not out of the personal representative’s own funds. This is the point executors most often need clarified before they will seek advice at all.
What happens if beneficiaries think I am taking too long?
They can request a status update, and if that does not satisfy them they may petition the court to compel an accounting or a report. Where delay is serious or unexplained, they can seek suspension or removal under Probate Code section 8502. Communicating proactively prevents most of these petitions.
Related Questions
What are Letters Testamentary?
The court document proving your authority to act for the estate. Banks, title companies, and transfer agents will ask for a certified copy. Nothing you do before Letters issue carries legal authority.
Can I sell the decedent’s house?
Usually yes, but how depends on whether you hold full or limited authority under the Independent Administration of Estates Act. Full authority allows a sale after a Notice of Proposed Action; limited authority requires a court order.
Do I need a bond?
Often, unless the will waives it or all beneficiaries consent. The bond protects the estate against your default, and the premium is an administration expense paid from the estate.
What if the estate owes more than it holds?
It is administered as an insolvent estate, with creditors paid in the statutory priority order and beneficiaries receiving nothing. Paying a sympathetic creditor out of order in an insolvent estate is a personal liability risk.
Talk to a California probate attorney
Most families call after a death, when the paperwork has already started arriving and nobody is sure whether court is required at all. That first question — whether this estate needs probate — is usually answerable quickly, and the answer shapes everything after it. To discuss an estate with a Bay Legal attorney, call the office nearest you or email intake.
Bay Legal, P.C. — serving California statewide
Northern California office
667 Lytton Ave Ste 3, Palo Alto, CA 94301
Southern California office
3211 Cahuenga Blvd W Ste 212, Los Angeles, CA 90068
Intake: intake@baylegal.com
Fax: (650) 963-0041
Website: https://baylegal.com
This page is general information about California law and does not constitute legal advice or create an attorney-client relationship. Bay Legal, P.C. does not provide tax advice. For advice on your specific situation, contact a licensed California attorney and a qualified tax professional.