The Roles and Responsibilities of a Probate Executor

A probate executor is a person appointed to administer your estate after your death. If you fail to select an executor, the court will select one for you. He takes the responsibility to follow the directions listed in your Last Will. From notifying heirs to managing assets, an executor has a host of responsibilities. They also handle paying any outstanding debts you may have out of the remainder of your estate and dividing your property and assets amongst your beneficiaries. But, they also have their limits. If you are assigned as an executor, get help from a probate attorney in Carlsbad CA to know about your responsibilities. Here we’ve listed the do’s and don’ts of an executor.

Do’s of A Probate Executor

When you are chosen as a probate executor, you are responsible for following the legal duty and managing the probate process. You will be in contact with the probate court through a Carlsbad probate attorney and make decisions about handling probate.

• A probate executor will file the petition for the probate
• He or she will identify the deceased’s assets
• Distribute notice to heirs and interested parties
• Manage the estate on behalf of the deceased
• Notify the Director of Health Care Services if the decedent received Medi-Cal benefits
• Distribute funds or property to the heirs
• Prepare accountings, file tax returns, and pay taxes
• Close the Estate

Don’ts of A Probate Executor

• A probate executor does not have the right to do anything to carry out the will before the testator.
• If the deceased passes away without a will, you cannot sign an unsigned will on behalf of the deceased. The estate will be managed in accordance with that state’s laws of intestate succession.
• They cannot manage the estate before being appointed by the court as an executor. Selling assets are making payments is not allowed until the court has approved your petition.
• They cannot sell the estate less than fair market value without the agreement of the beneficiaries.
• Contesting the will is the right of the beneficiaries, but it’s never fun for the executor. So, don’t stop them from contesting the will.

Mismanaging the Estate

The beneficiaries have the right to file a petition with the probate court to get a full accounting of the estate’s assets or to have you removed as the executor if they believe you are not appropriately fulfilling your legal obligations. The executor will be held in contempt if there are any serious violations. If you are assigned as an executor and have any doubts about your legal responsibilities, contact an estate planning law firm in Carlsbad CA.

The author of this article is a leading probate attorney in Carlsbad CA, with over a decade of experience in practicing probate law. In this article, he explains the legal responsibilities of a probate executor. Visit https://www.rassmanlaw.com/ for more information.

With over 14 years of experience, Rassman Law is one of the leading Probate and Estate Planning law firms in California.