The Role of the Personal Representative
California uses the term personal representative (the will may name an executor). Their duties include:
- Filing the probate petition and obtaining court appointment
- Notifying heirs, beneficiaries, and creditors
- Taking inventory of and appraising estate assets
- Managing estate property during administration
- Paying valid creditor claims, taxes, and expenses
- Filing required tax returns (final 1040, estate income tax return)
- Petitioning the court for authority to distribute assets
- Distributing assets to beneficiaries and closing the estate
Compensation
California Probate Code §10810 sets statutory fees for the personal representative — the same percentage schedule as for the attorney: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, etc.
Trustee vs. Executor
A trustee administers a trust; a personal representative/executor administers a will through probate. If the decedent had a properly funded revocable trust, the successor trustee handles distribution without court involvement.
Disclaimer: This glossary entry is for general educational purposes only and does not constitute legal or tax advice. Laws change frequently and vary by individual circumstances. Consult a licensed California attorney or CPA for guidance on your specific situation.