California probate laws require that someone serve as the person who handles estate administration, known as your personal representative. You have the option to name this party in your will.Â
If you do not have a will or do not name a person, or if this person is unavailable, the probate court will still appoint someone to settle your affairs. A personal representative has many important responsibilities related to estate administration.
The first task of this person is to submit your will to probate court. At that point in time, the executor takes on a responsibility of care to act in the best interest of the beneficiaries. This person could also open a checking account on behalf of the estate and use it to pay taxes or creditors. Representatives have a responsibility to gather assets in a will.Â
You can make things easier by leaving someone you trust or your personal representative the information they need to find your will. You might discuss this with your lawyer in advance. Since a personal representative has a lot to do, you can ensure they act quickly by finding the will.
A representative, for example, may need to locate the title to any property you own and to verify that it has no liens against it before it can be used to pay creditors or to distribute to your beneficiaries. If the property requires a valuation to arrange for a sale or divide the proceeds, an executor or a personal representative may also need to hire an appraiser to evaluate its worth. It can take a lot of time to probate an estate, depending on the complexity of the overall estate. It is important you choose a personal representative who is familiar with their responsibilities and understands the steps they will need to take.
Having a conversation with them in advance will give you more confidence to name a personal representative in your California will. Talk to our Pasadena estate planning lawyers to learn more about your options and how to select a personal representative.
