What is a Personal Representative in California Probate?

In the state of California, a personal representative refers to a person who manages and settles a decedent's estate through probate. Depending on whether there is a will, the personal representative may also be referred to as an executor (if there's a will) or an administrator (if there's no will).

Personal Representative When There is a Will

When a person passes away and leaves behind a will, the individual named as the executor in the will can petition the probate court to become the personal representative. This person is then responsible for carrying out the decedent's final wishes as outlined in the will.

Imagine that Mr. Jones, a widower, passed away and left behind a will. In his will, he named his eldest son, Daniel, as the executor. This means that Daniel will be the personal representative and will be tasked with administering and eventually distributing Mr. Jones' estate as per the will's instructions.

Personal Representative When There is No Will

In cases where a person passes away without a will (intestate), the court typically appoints a close relative like a spouse, adult child, or sibling as the personal representative. This person is also known as the administrator of the estate. 

The priority of who is entitled to become the personal representative is provided in the California Probate Code. The priority starts with the surviving spouse or domestic partner, followed by children, grandchildren, parents, siblings, and so on. The court will generally follow this order unless there are valid objections.

For instance, if Mr. Jones passed away without a will and no surviving spouse, the court could appoint his adult son Daniel as the personal representative. As the administrator, Daniel would eventually distribute the estate according to California's intestate succession laws.

Objections to the Appointment of a Personal Representative

There are instances where an interested party (like a relative or creditor) might object to the appointment of a particular personal representative. Common reasons include the proposed representative's criminal history, conflict of interest, or incapability. The court will consider the objections and decide whether they are appropriate or dismiss them.

Duties of The Personal Representative

The personal representative has various duties that revolve around protecting the estate's assets, settling debts, and distributing the remaining assets. The responsibilities are as follows:

Safeguarding the Decedent’s Property

Before the probate process begins, the personal representative is expected to safeguard the decedent's property. This includes tasks like securing the home, maintaining insurance policies, and ensuring valuable personal items are safe. It's essentially ensuring that the estate's assets are preserved and not diminished or lost.

Opening the Estate

To officially open the estate, the personal representative must file a petition for probate with the local probate court. This includes submitting the original will (if available), and other relevant documents. A notice of the probate proceeding should also be published in a local newspaper pursuant to the local rules. 

Marshaling Assets of the Estate

Marshaling assets entails gathering and taking control of the decedent's assets. This might involve tasks such as transferring bank accounts and real estate deeds into the estate's name, determining the value of property and other assets, and gathering information about the decedent's financial affairs.

Opening Estate Bank Account

After the probate estate is open, the personal representative should open an estate bank account. The estate's assets will be deposited into this account, and expenses, debts, and distributions will be paid from it.

Notice to Creditors and Payment of Claims

The personal representative is also responsible for identifying the decedent’s creditors and providing them with a notice of the probate proceedings. This gives the creditors an opportunity to file claims against the estate for any debts the deceased owed them.

Selling Estate Assets

In some cases, the personal representative might need to sell assets in the estate to cover debts, expenses, or to distribute the assets among the beneficiaries. Depending on the complexity of the estate, this might involve real estate transactions, selling valuable personal property, or liquidating financial accounts.

Preparing an Account of the Estate

The personal representative must also prepare an accurate accounting of the estate. This includes detailing all the assets, liabilities, receipts and income, disbursements and expenses, gains, losses, and distributions made during the probate process.

Tax Returns Filing

The personal representative is required to file any necessary tax returns on behalf of the decedent and the estate. This includes the final personal income tax return of the deceased and any necessary estate tax returns.

Distribution of Estate Assets and Closing the Probate Estate

After all debts, taxes, and expenses are paid, the personal representative can distribute the remaining assets to the heirs or beneficiaries pursuant to a court order. Once everything is complete, the personal representative can petition the court to close the probate estate and be discharged.