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...
What is a POD account, and how does it affect an estate?
If you are an estate administrator, you know that many financial assets are simply going to be listed in the will. For instance, the individual who passed away may have had a bank account with a significant balance, and they wanted it to be split up between their...