Distributing a deceased person's estate can become a complex process, especially when the deceased left no will. In California, the courts refer to this scenario as an "intestate" estate, with specific rules guiding the process. Having a clear understanding of what to...
What duties do executors carry out?
Executors have a lot on their shoulders. From start to finish, they carry out numerous tasks throughout their service. But what exactly are these duties? What do executors have to oversee? Responsibilities to the estate and decedent As Executor.org states, executors...
Understanding the fiduciary duties of an executor
If you are the executor of a deceased person's estate, you undoubtedly want to do a good job. With luck, the person whose estate you are administering left precise instructions to guide you through the process. Still, you should realize you have some fiduciary...
3 tips for communicating with family heirs during probate
As the executor to a will for a family member, you may have a lot on your plate: inventorying and appraising assets, paying debts and potentially selling valuable real estate. However, you may also have concerns about how other family members will feel about you...
Handling probate when beneficiaries dispute the will or the law
Executors to a will may have to handle a wide range of tasks depending on the size and complexity of the estate. From appraising assets and settling debts to selling real estate and distributing property to beneficiaries, probate can be a long and complicated process....
What does a personal representative do during probate?
When your loved one dies with a will, the will often has to go through probate court. If you find yourself appointed as the personal representative of a will, you have set duties you need to fulfill under California law. Learn some of the responsibilities of a...
Can a power of attorney override an executor?
An executor may face challenges from the family while probating an estate. A question might even arise regarding what authorities the decedent's power of attorney has to make decisions. Understanding the differences between the two roles can clear up confusion on the...
What happens if an executor fails to file probate?
As a family deals with the death of a loved one, numerous issues arise, requiring immediate attention. The burden can become overwhelming, and it can be easy to put off some responsibilities. However, probate is a necessary process for managing the estate. Failure to...
How do executors handle a house sale during probate?
If you are an executor for an estate that includes valuable real property, such as a house, you may need to sell the property during the probate process. For instance, you might need to pay off estate debts or liquidate assets so they can distribute to heirs and...
Creditors may file claims against estates for unpaid debts
During probate, executors will need to handle claims filed against estates to recover unpaid debts from the deceased's assets. The Superior Court of California website notes that an estate’s personal representative also owes a duty to notify the deceased's known...