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California Executor Duties

A California executor (personal representative) must petition for appointment, notify heirs and creditors, file an inventory and appraisal within 4 months, pay valid debts and taxes, and account to the court before distributing the estate — all as a fiduciary.

By Find Local Law Editorial Team · Last reviewed: May 23, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

When someone is named in a will to settle an estate, they are the executor; once the court appoints them, the legal title is personal representative. Either way, the role is a fiduciary one — they must act in the estate’s and beneficiaries’ best interests, not their own.

Core duties, in order

  1. Petition for appointment. File the petition for probate and obtain letters from the Superior Court.
  2. Secure the assets. Locate, take control of, and protect estate property; open an estate bank account.
  3. Give notice. Notify heirs and beneficiaries, publish notice of the petition, and mail notice to known creditors.
  4. File the inventory and appraisal. Within 4 months of appointment, list all assets and have non-cash items appraised by a probate referee (Prob. Code §8800).
  5. Handle creditor claims. Review claims filed during the creditor period and pay or reject them; the period runs at least 4 months from letters (Prob. Code §9100).
  6. Pay debts and taxes. Settle valid debts, final income taxes, and any estate tax before distributing anything.
  7. Account and distribute. File a final account and petition for distribution; after court approval, distribute the remaining assets and obtain a discharge.

The liability that comes with the role

Because the personal representative is a fiduciary, they can be personally liable for:

  • Distributing assets to beneficiaries before debts and taxes are paid.
  • Losses from neglecting, mismanaging, or self-dealing with estate property.
  • Missing deadlines that harm the estate.

This personal exposure — not the paperwork alone — is why many representatives retain counsel. See do you need a lawyer and the probate timeline for how these duties play out over the case.

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Frequently asked questions

What does an executor do in California?
The executor (called the personal representative once appointed) gathers and protects the estate's assets, files an inventory and appraisal within 4 months of appointment, gives notice to heirs and creditors, pays valid debts and taxes, and then distributes what remains to the beneficiaries after the court approves a final account.
What deadlines does a California executor face?
Two big ones run from the date letters are issued: the inventory and appraisal must be filed within 4 months (Probate Code §8800), and creditors get at least 4 months (or 60 days from notice, whichever is later) to file claims (Probate Code §9100).
Can a California executor be held personally liable?
Yes. A personal representative is a fiduciary and can be held personally liable for losses caused by mismanagement, self-dealing, or distributing assets before debts and taxes are paid. This is a major reason many representatives hire a probate attorney.
Does a California executor get paid?
Yes. The personal representative is entitled to the same statutory percentage fee as the attorney (Probate Code §10800). Family-member executors sometimes waive the fee, particularly when they are also a beneficiary.

Sources

Related guides

  • California Probate Costs & Statutory Attorney Fees In California, both the attorney and the executor are each paid a statutory fee set as a percentage of the estate's gross value — 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, then 1% and 0.5% on larger estates.
  • California Probate Timeline: Step by Step California probate typically takes about 9 to 18 months from filing the petition to final distribution, driven largely by the mandatory creditor claim period (at least 4 months) and the time to inventory assets and obtain court approval.
  • California Small Estate Affidavit If a California decedent's estate is worth $208,850 or less (for deaths on or after April 1, 2025) and at least 40 days have passed since death, successors can usually collect personal property with a small estate affidavit instead of formal probate.
  • Do You Need a Lawyer for California Probate? California does not require you to hire a lawyer for probate, but most personal representatives do, because the process is deadline-driven, the representative is personally liable for mistakes, and the attorney's fee is paid by the estate on the same statutory schedule regardless.

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