When a person dies, his/her estate will likely go through the probate process, whether or not he/she left a will. During probate, the estate will be collected, debts paid, and remaining assets distributed to beneficiaries. The person handling the probate process is called an “executor” or an “administrator”. He/she is the executor if there is a will, and is an administrator if there is no will or no executor was named in the will. As an executor or administrator, you will have several duties and actions to consider:
You are also a fiduciary, which means that you have to act in the best interest of the estate, including an obligation to the estate’s heirs to properly preserve the assets.
You must keep the funds of the estate in a separate, clearly-named bank account and use it to pay creditors and do regular accountings to the court. You must list, document, and collect the decedent’s assets.
You must keep all bills and payments current as if you were the decedent.
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To fulfill the probate process, an executor or an administrator should and must:
1. Read your will if there is one.
2. Safeguard the decedent’s assets.
3. File a Petition for Probate at a Probate court.
4. Give notice to the appropriate parties of the hearing date for the Petition for Probate.
5. Publish the Petition to Administer the estate in the newspaper.
6. Submit proof of publication to the court.
7. Attend court hearing on the Petition for Probate. (refer to #4)
8. Prepare an inventory and appraisal of all of the estate’s assets at the date of the decedent’s death. If you have limited authority, real estates will be appraised by California probate referees, who are appointed by the state controller to determine the fair market value of the assets.
9. Inventory all outstanding debts by sorting through bills, emails, statements, etc.
10. Give notice to the creditors to let them know they may file claims against the estate.
11. Pay all the debts of the estate. If needed, assets can be sold to cover the debts. The executor/administrator has to pay all bills, rent, utilities, and mortgages to ensure that the decedent’s estate is protected throughout the process.
12. Responsible to file tax return on behalf of the estate.
13. Prepare and file a Final Accounting and petition for Final Distribution, and serve notice to all interested parties.
14. Appear at a final hearing and carry out the distribution approved by the Court.
15. Apply for final discharge as an executor/administrator.
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