If you agree to be the executor of a will in California, you need to be aware of the fact that it is a very time-consuming task. Prior to taking on this role, you should carefully consider everything involved and ensure that you know precisely what is being expected of you. You will be in charge of dispersing the estate of the deceased in compliance with their Last Will and Testament, and you will also be in charge of repaying any debts that have been incurred by the estate.
More precisely, the executor of a will has obligations that entail selecting the kind of probate that will be used and registering the will respectively, establishing a bank account for the disbursement of estate taxes and estate debts, overseeing any land or properties that are covered by the will, devising and then registering an estate inventory with the proper probate court, and dividing up the personal property of the deceased, are just some of the responsibilities.
The executor of a will is usually a family member who can be entrusted with the execution of these responsibilities in an unbiased, fair, and thorough way. Additionally, the executor might be expected to accomplish some or all of the subsequent obligations:
File a Copy of the Will With Probate Court
The executor is the person who will find out who will inherit any tangible or financial assets by examining and following the Last Will and Testament of the deceased. In the State of California, even in cases where probate court is deemed unnecessary, the will is still required to be registered with the appropriate probate court.
Tell the Appropriate Creditors of the Death
Any banks at which the dead had accounts must be apprised of the situation, in addition to any companies with whom the deceased had a credit card or any other form of credit. Some other government offices that may also require notification are the Department of Education or the Social Security Administration.
Register an Inventory With the Probate Court
In the State of California, the executor of an estate is expected to record a detailed inventory of the deceased’s assets and register it with the appropriate probate court.
Select a Form of Probate
With particular kinds of assets, the probate court is not considered mandatory in California; for example, a parcel of land that is owned jointly by a wife and a husband. You are going to need to have knowledge of the inheritance laws that have bearing on your specific list of assets. Finding these laws and fully grasping all their nuances can easily become a tedious and frustrating process. This process would be greatly simplified and expedited by retaining the counsel of a California will and probate attorney.
Some estates are extremely complex while others are remarkably simple. The obligations of an estate executor can easily go well beyond what is listed here. It is possible to withdraw from your role of estate executor in California. However, most difficulties can be overcome with the aid of a qualified will and probate attorney.
California Will And Probate Attorney
Here at Leiva Law Firm, we have 25 years of experience practicing will and probate law. If you have agreed to take on the challenge of estate executor, then give us a call as soon as possible so that we may help walk you through the steps and ensure that everything is done in compliance with the final wishes of your friend or loved one. Please give us a call at (818) 703-1777 and ask to talk to one of our licensed will and probate attorneys today.