What Does an Executor or Administrator Do in California Probate?

Being named executor in someone's will does not automatically give a person authority to take control of a California probate estate.

When formal probate is required, the court generally appoints a personal representative to administer the estate.

That person may be:

• An executor named in the will and appointed by the court, or
• An administrator appointed by the court when there is no executor serving.

Although the titles are different, both generally perform the role of personal representative.

The personal representative's job is much broader than simply distributing property to heirs.

The representative may need to secure property, locate assets, prepare an inventory, work with a probate referee, address creditor claims, pay appropriate estate expenses, handle taxes, maintain records, manage real estate, report to the court, and ultimately distribute the remaining estate as authorized.

Quick Answer: What Does a California Executor or Administrator Do?

A California personal representative is responsible for administering the probate estate under the authority of the court.

Major responsibilities can include:

• Taking control of estate property
• Protecting and preserving estate assets
• Identifying assets and debts
• Opening appropriate estate financial accounts
• Preparing the Inventory and Appraisal
• Working with the probate referee
• Notifying creditors
• Evaluating and paying valid estate obligations
• Paying appropriate property and administration expenses
• Handling tax matters
• Managing real estate
• Maintaining insurance and property
• Keeping accurate financial records
• Communicating with the probate attorney and interested parties
• Selling property when appropriate and authorized
• Preparing reports or accountings
• Requesting final distribution
• Distributing remaining estate property
• Completing the steps necessary to close the estate

The exact duties depend on the estate, the will, the court's orders, and the authority granted to the personal representative.

What Is a Personal Representative?

Personal representative is the general California probate term for the person appointed by the court to manage a deceased person's probate estate.

An executor and administrator are both types of personal representatives.

California Courts describes the personal representative as the person responsible for representing the estate in probate, collecting the decedent's property, paying bills and obligations, and distributing remaining property to the people legally entitled to receive the estate.

What Is the Difference Between an Executor and an Administrator?

The distinction generally depends on the will and the court appointment.

Executor

An executor is generally a person named in the deceased person's will who is later appointed by the probate court.

Being named in the will alone does not provide the same authority as a court appointment.

Administrator

An administrator is a personal representative appointed by the court when no executor is serving.

That may occur when:

• There is no will
• The will does not name an executor
• The named executor has died
• The named executor declines to serve
• The named executor cannot serve
• Another person must be appointed under California probate law

After appointment, both executors and administrators administer the estate subject to California law and the court's orders.

What Gives the Personal Representative Authority?

The probate judge appoints the personal representative.

California Judicial Council Form DE-140, Order for Probate, states the court's decision appointing the representative and identifies powers and responsibilities.

After the required steps have been completed, the court issues Letters, commonly documented on Form DE-150.

Letters are important because banks, title companies, escrow officers, financial institutions, government agencies, and other parties may ask for proof that the representative has actually been appointed by the court.

What Is Form DE-147?

California Judicial Council Form DE-147, Duties and Liabilities of Personal Representative, explains important responsibilities and potential liabilities associated with serving as personal representative.

A person seeking appointment acknowledges receiving the form.

The form is worth reading carefully.

The personal representative is managing property belonging to the estate and ultimately to creditors, heirs, beneficiaries, or other persons entitled to receive the property.

The role carries real legal and financial responsibilities.

Is an Executor a Fiduciary?

Yes.

A personal representative acts in a fiduciary capacity.

California Probate Code section 9600 provides that the personal representative has management and control of the estate and must use ordinary care and diligence in managing and controlling estate property.

A representative who breaches fiduciary duties can potentially be held responsible for losses or improper profits resulting from that breach.

That is one reason careful documentation and professional advice can be important throughout probate.

Duty #1: Protect Estate Property

One of the representative's first responsibilities is protecting estate assets.

California Probate Code section 9650 requires the personal representative to take possession or control of estate property that needs to be administered and to take reasonable steps for the property's management, protection, and preservation.

For a house, practical responsibilities may include:

• Securing doors and windows
• Changing or rekeying locks when appropriate
• Maintaining appropriate insurance
• Checking the property regularly
• Preventing water or weather damage
• Maintaining necessary utilities
• Addressing urgent repairs
• Maintaining landscaping when necessary
• Protecting vehicles and personal property
• Securing valuable belongings
• Monitoring mortgage and property-tax obligations

A vacant property should not simply be ignored while probate proceeds.

Duty #2: Identify Estate Assets

The representative needs to determine what the deceased person owned.

Assets may include:

• Bank accounts
• Real estate
• Vehicles
• Investments
• Business interests
• Personal property
• Jewelry
• Collectibles
• Money owed to the decedent
• Other financial assets

The representative also needs to determine which assets actually belong in the probate estate.

Some assets may transfer through other methods, such as a trust, beneficiary designation, joint ownership, or another non-probate transfer.

The probate attorney can help determine which assets belong in formal probate.

Duty #3: Prepare the Inventory and Appraisal

California formal probate generally requires an Inventory and Appraisal using Judicial Council Form DE-160.

The personal representative identifies estate assets and provides the information necessary for valuation.

A probate referee commonly appraises non-cash property, including real estate.

California Probate Code section 8800 generally requires the Inventory and Appraisal to be filed within four months after Letters are first issued, although the court can allow additional time in appropriate circumstances.

Accurate inventory work is important because the court, beneficiaries, creditors, tax professionals, and others may rely on the estate's asset information.

Duty #4: Keep Estate Money Separate

Estate money should be handled separately from the personal representative's own money.

A personal representative may need to establish an estate account and use that account for appropriate estate receipts and expenses.

Good practices include:

• Keeping estate funds separate
• Avoiding personal use of estate money
• Depositing estate income properly
• Keeping invoices and receipts
• Recording reimbursements
• Documenting deposits and withdrawals
• Maintaining bank statements

Mixing personal money and estate money can make accounting more difficult and can create questions about how estate assets were handled.

Duty #5: Deal With Creditors and Debts

Probate includes a formal process for creditor claims.

The personal representative may need to provide notice to known or reasonably ascertainable creditors and address claims filed against the estate.

California Courts identifies Form DE-157, Notice of Administration to Creditors, as part of the creditor process.

The representative should not simply pay every bill that arrives without determining whether payment is proper.

Likewise, legitimate estate obligations should not simply be ignored.

The probate attorney can advise the representative about claims, deadlines, disputed debts, priority rules, and payment.

Duty #6: Pay Appropriate Estate Expenses

An estate can continue generating expenses while probate is open.

Depending on the estate, expenses may include:

• Court filing costs
• Publication charges
• Probate referee expenses
• Attorney expenses
• Mortgage payments
• Property taxes
• Insurance
• HOA dues
• Utilities
• Maintenance
• Necessary repairs
• Cleanout
• Storage
• Accounting and tax services
• Real estate expenses

The representative should document estate expenses carefully.

California Probate Code section 9650 specifically requires the representative to pay taxes on estate property and take reasonable steps to manage, protect, and preserve the estate.

Duty #7: Handle Tax Matters

The personal representative may also need to address tax matters.

Depending on the circumstances, responsibilities can include:

• Final individual income-tax returns for the decedent
• Estate income-tax returns
• Property-tax matters
• Capital-gain questions
• Tax identification for the estate
• Other state or federal filing requirements

Tax treatment can become particularly important when an estate contains appreciated real estate, investments, business interests, or income-producing property.

A qualified CPA or tax professional should handle tax questions specific to the estate.

Duty #8: Manage Real Estate

When the estate contains a house, land, rental property, or other real estate, the representative has additional practical responsibilities.

Those may include:

• Confirming insurance
• Monitoring mortgage payments
• Paying property taxes
• Maintaining the property
• Securing a vacant home
• Handling tenants or occupants
• Evaluating property condition
• Obtaining current market information
• Coordinating cleanout
• Evaluating repairs
• Deciding whether property should be retained, distributed, or sold
• Working with the probate attorney regarding sale authority

For an estate with significant real estate, property decisions can become one of the largest financial responsibilities of the entire probate.

Can the Executor Sell a Probate House?

Potentially, yes.

Whether and how the personal representative can sell real estate depends on the authority granted by the court and the procedures applicable to the estate.

California probate sales can involve:

• Full Authority under the Independent Administration of Estates Act
• Limited Authority
• Notice of Proposed Action
• Court confirmation
• Probate referee appraisal requirements
• Potential overbidding

Those subjects are covered in detail in our Selling a Home in Probate Resource Center.

Do not assume that every probate sale requires court confirmation, and do not assume that appointment as personal representative alone answers every sale-procedure question.

The actual Order for Probate and Letters should be reviewed.

Duty #9: Maintain Accurate Records

Good recordkeeping is one of the most important habits a personal representative can develop.

Useful records include:

• Bank statements
• Deposit records
• Receipts
• Invoices
• Mortgage statements
• Property-tax bills
• Insurance records
• Contractor bills
• Appraisals
• Sale documents
• Creditor claims
• Reimbursements
• Estate income
• Professional fees
• Distributions

California probate administration may require reports and accountings explaining how estate property was handled.

Reconstructing months of transactions from memory can be difficult.

Maintaining records from the beginning makes later accounting much easier.

Duty #10: Communicate With the Probate Attorney

A personal representative does not need to become a probate lawyer.

The attorney's role is to guide the legal administration of the estate.

Questions to discuss with the attorney can include:

• Court authority
• Creditor claims
• Distributions
• Estate expenditures
• Property sales
• Beneficiary objections
• Court confirmation
• Compensation
• Reimbursements
• Accounting
• Tax coordination
• Final distribution
• Unusual estate property

The real estate agent, CPA, appraiser, insurance professional, and other specialists can help with their respective areas, but the probate attorney should guide legal decisions.

Does the Executor Have to Keep Heirs Informed?

Communication can become one of the most challenging parts of probate.

The personal representative must comply with legal notice, reporting, and accounting requirements that apply to the estate.

Beyond formal requirements, clear practical communication can also reduce unnecessary family conflict.

Helpful updates may cover:

• General probate status
• Major property issues
• Significant expenses
• Real estate plans
• Sale progress
• Expected next steps

The representative should avoid making promises about distributions before debts, taxes, court requirements, and other estate obligations are understood.

Our next Executors & Heirs article will address beneficiary and heir rights in greater detail.

Can Heirs Tell the Executor What to Do?

Heirs and beneficiaries can have important legal rights, but the personal representative is the person appointed by the court to administer the estate.

That means the estate is not necessarily managed by family vote.

The representative must follow:

• The will when applicable
• California probate law
• Court orders
• Fiduciary duties
• Applicable notice and objection procedures

Heirs may have rights to notice, information, objections, accountings, and distributions.

Those rights do not automatically mean every administrative decision requires unanimous family approval.

What Should an Executor Avoid Doing?

A personal representative should be especially cautious about:

• Using estate funds for personal purposes
• Mixing estate and personal money
• Giving away estate property prematurely
• Distributing valuable belongings without documentation
• Favoring one beneficiary improperly
• Ignoring insurance
• Ignoring mortgages or taxes
• Allowing property to deteriorate unnecessarily
• Selling valuable property without understanding authority
• Making major undocumented expenditures
• Paying questionable claims without review
• Failing to keep records
• Treating estate property as personal property
• Making promises about inheritance amounts too early

When uncertainty exists, asking the probate attorney before acting can prevent larger problems later.

Is the Personal Representative Personally Liable for Mistakes?

Potentially.

California Probate Code section 9601 addresses liability when a personal representative breaches a fiduciary duty.

Depending on the circumstances, a representative can potentially be charged for:

• Loss or depreciation in estate value caused by the breach
• Profit personally obtained through the breach
• Profit the estate would have earned but lost because of the breach

California law also recognizes that a court may excuse liability in whole or part when the representative acted reasonably and in good faith and the circumstances make relief equitable.

Serving as personal representative should therefore be approached seriously.

Does the Executor Get Paid?

California law generally allows compensation for ordinary services performed by the personal representative.

The amount and timing of compensation are separate subjects from the representative's basic duties.

Compensation is generally based on the value used for statutory fee calculations rather than simply the amount of cash remaining in the estate.

Additional compensation can sometimes be requested for extraordinary services.

We will cover executor compensation, reimbursements, and when payment can occur in a separate Executors & Heirs guide.

Can the Executor Be Reimbursed for Expenses?

Legitimate estate expenses personally advanced by the representative may potentially be reimbursable.

California Courts notes that some probate costs may initially be paid by the personal representative and later reimbursed from estate funds.

The representative should keep:

• Receipts
• Invoices
• Proof of payment
• Notes explaining the estate purpose of the expenditure

Significant personal advances should be discussed with the probate attorney before the money is spent.

Duty #11: Prepare for Distribution

The representative should not distribute estate property simply because beneficiaries are asking for their shares.

Before final distribution, the estate may need to resolve:

• Creditor claims
• Taxes
• Administration expenses
• Property sales
• Accountings
• Compensation
• Litigation or disputes
• Other remaining assets or liabilities

When administration is complete, the personal representative generally seeks court approval for final distribution.

Duty #12: Close the Estate

California Courts explains that after administration is completed, the personal representative generally files a final report, accounting when required, and petition for final distribution.

The court schedules a hearing.

If the court approves the proposed distribution, the representative can distribute remaining estate assets as authorized.

Additional paperwork is then completed to finish the representative's duties and close the estate.

The probate house may have been sold many months earlier.

Selling an estate asset and closing probate are separate events.

Frank's Real Estate Perspective

When an estate contains real property, I encourage the personal representative to address the house early — even when the estate is not yet ready to sell.

Real estate creates ongoing responsibilities.

A vacant house can still have:

• Mortgage payments
• Property taxes
• Insurance
• Utilities
• Landscaping
• HOA dues
• Repairs
• Security concerns
• Carrying costs

Early planning does not mean rushing the sale.

Early planning means understanding the property.

I generally want to help the representative establish:

1. Current property condition
2. Current market value
3. Approximate mortgage and liens
4. Monthly carrying costs
5. Cleanout requirements
6. As-is value
7. Potential repair strategy
8. Likely buyer pool
9. Full versus Limited Authority
10. Expected real estate timeline

That information can help the executor and probate attorney make better-informed decisions.

A Simple Executor Checklist

For an estate containing real estate, a useful early checklist includes:

• Confirm court appointment
• Obtain Letters
• Review DE-147
• Confirm Full or Limited Authority
• Secure the property
• Verify insurance
• Locate mortgage information
• Check property taxes
• Identify estate assets
• Protect important documents and valuables
• Begin Inventory and Appraisal work
• Maintain estate financial records
• Discuss creditors with the probate attorney
• Evaluate the real estate
• Estimate carrying costs
• Develop a cleanout plan
• Coordinate sale timing with the probate attorney

Every estate is different, but an organized start can prevent avoidable problems.

Frequently Asked Questions

Is an executor the same as an administrator?

Both are personal representatives. An executor is generally named in a will and appointed by the court. An administrator is appointed by the court when no executor is serving.

Does being named executor in the will give immediate authority?

Not necessarily. In formal probate, the court appoints the personal representative. Letters provide evidence of the court appointment and authority.

What is DE-147?

DE-147 is the California Judicial Council form titled Duties and Liabilities of Personal Representative.

What are Letters in probate?

Letters, commonly documented on Form DE-150, provide proof that the personal representative has been officially appointed by the court.

Is an executor responsible for protecting the house?

The personal representative has duties involving management, protection, and preservation of estate property.

Does the executor have to prepare an inventory?

Formal probate generally requires an Inventory and Appraisal identifying estate assets and values.

Does the executor pay the deceased person's debts?

The representative administers valid estate debts through the probate creditor process using estate assets when available and legally appropriate.

Can an executor sell the house?

Potentially. The procedure depends on the authority granted by the court and California probate sale requirements.

Can heirs control the executor?

Heirs have legal rights, but the court-appointed personal representative administers the estate subject to the will, Probate Code, court orders, and fiduciary duties.

Does the executor receive compensation?

California law generally provides statutory compensation for ordinary services. Compensation and reimbursement will be covered in a separate guide.

Can an executor be personally liable?

Potentially. A personal representative who breaches fiduciary duties may face liability for resulting estate losses or improper profits.

When is the executor's job finished?

The representative's duties generally continue until estate administration, authorized distributions, and the final steps required by the probate court are completed.

Related Probate Guides

What Is Probate in California? A Simple Guide for Executors and Heirs

Important Probate Timelines in California — What Families Need to Know

What Happens to a House in Probate in California?

How Is a Probate House Valued in California?

Who Pays Property Taxes, Insurance and Expenses During Probate?

Selling a Probate House With Full vs. Limited Authority in California

This Executors & Heirs series will next address:

• Rights of heirs and beneficiaries
• Whether heirs must agree to sell a probate house
• Heirs living in estate property
• Buying out other heirs
• Executor compensation and reimbursements
• Disagreements among heirs

Executors and Administrators in Sacramento, Placer and El Dorado Counties

The basic duties of a personal representative come from California law, but each probate estate has different property, family, financial, and court circumstances.

I work with probate real estate throughout:

• Sacramento County
• Placer County
• El Dorado County

When an estate contains real property, my role is to help the personal representative understand and manage the real estate side of the estate while the probate attorney handles the legal process.