Role of the Executor

A will contest can result in a significant delay in the distribution of a loved one's assets, and can also be expensive. The costs of a will contest are paid out of the estate, which may significantly deplete the available funds. If you are concerned that a will may be subject to a will contest, contact our firm to schedule a consultation with an experienced probate and estate administration attorney.

Probate is not always necessary, but it may take a lawyer's help to determine the best alternative course of action. As a general rule, property that passes through a will can be subject to the probate process, but property that is held in trust will avoid court intervention. When you create a trust and put property into the trust, you actually relinquish personal ownership of the property. Because you no longer own the property, it does not pass at your death, but stays in the trust, with a change in the beneficiary.

At the Law Office of Barbara J. Dibble, we handle these and other probate-related matters for clients in Fullerton, California, and the surrounding areas. We urge you to contact us online or call us at 714-515-5126.

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When someone dies and leaves property that is titled in his or her name alone and that is not set up to automatically transfer to someone else (such as to a surviving joint tenant or to a designated beneficiary of an insurance policy), then a probate may be needed to determine ownership of that property, whether or not the person had a will.

In California, estate administration is divided between small estates and large estates. If you have less than $100,000 of net value in the estate, or less than $20,000 in real property in the estate, you can pursue small estate administration, a process that dramatically reduces the time and complexity involved in settling the estate.

Role of the Executor

An executor is the person named by the creator of the will (the testator) to carry out the terms and provisions of the will. In addition to locating important documents and notifying Social Security, pension providers, annuity providers and other entities of the death, the executor has numerous other legal responsibilities.

The executor's legal responsibilities include:

  • Initiating the probate of the will
  • Collecting and inventorying the testator's assets
  • Collecting debts owed to the estate
  • Paying claims against the estate
  • Distributing assets to the beneficiaries of the will
  • Closing the estate

These responsibilities can be daunting and time-consuming. If you have been named the executor of an estate, contact Law Office of Barbara J. Dibble to discuss your role and the CA estate administration process.

Initiate Probate

It is the executor's duty to open up the estate and to begin probate proceedings. Typically, an executor who is not an attorney will hire a lawyer to represent the estate during the probate process, to provide the required notices to interested parties and potential creditors, to obtain required documents (such as the death certificate and an original copy of the will), to deal with will contests, and to close the estate. Attorneys fees and expenses for representing the estate are, like executor fees, charged against the estate.

Inventorying Assets

The executor is also responsible for completing an inventory of the assets of the estate. All probate assets must be collected and inventoried. Also, it may be necessary to have certain assets of the estate (such as jewelry or collectibles) appraised.

Collecting Debts and Payments Owed to the Estate

The executor should check with the decedent's former employer to determine whether there is any unpaid salary or benefits owed to the decedent. The executor must also identify outstanding debts owed to the estate and pursue collection of those debts. Expenses involved in the collection of the debts, including fees associated with hiring a collection agency to collect debts, are charged to the estate.

Paying Claims Against the Estate

Once probate court determines that the will is valid, the executor may begin to pay taxes and other claims against the estate. While paying creditor claims is a task that can be handled by a non-attorney executor, the process of paying taxes on behalf of the estate and of the decedent is often complicated and therefore handled by an attorney hired for the probate and administration process.

Distributing Assets to Beneficiaries and Closing the Estate

Once creditor claims against the estate have been settled, the executor can then distribute the remainder of the estate to beneficiaries in accordance with the terms of the will. When all of the creditors have been paid and the remainder of the estate has been distributed to the beneficiaries, the estate can be closed and the executor can be released from any further duties on behalf of the estate. A court will typically close the estate upon receiving:

  • Copies of notices to concerned parties
  • Copies of payments to creditors of the estate
  • Evidence that remaining assets of the estate have been distributed

Speak to a Probate Lawyer

Any person over the age of 18 can be named an executor of a will, provided that the person has not been convicted of a felony, and often times a family member or close friend is chosen to serve. However, settling an estate, even a simple one, involves numerous details and technical requirements that are often left to an attorney. If you have been appointed as an executor of an estate, contact Law Office of Barbara J. Dibble in Fullerton, CA, to schedule a consultation with an attorney experienced in probate and estate administration.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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