What are the executor's duties and compensation in California?

What the Law Says

California Probate Code sets out the executor’s legal duties and compensation formula. Executors (called 'personal representatives' in the Code) must act with care, loyalty, and impartiality — essentially as a fiduciary for the estate and its beneficiaries.

The executor must collect and safeguard estate assets, pay valid debts and taxes, file tax returns, give notice to creditors, prepare and file an inventory and appraisal of assets within 12 months of appointment, and distribute remaining assets to beneficiaries according to the will or intestacy law.

They must also file periodic accountings with the court if the estate remains open more than one year, and obtain court approval before selling real property unless authorized by the will or waived under simplified procedures.

Creditors must be notified within 30 days of the executor’s appointment, and the executor must publish a general notice to creditors in a local newspaper.

Statutory Text

The personal representative shall, within 30 days after issuance of letters, give notice of the appointment to all persons named as beneficiaries in the will and to all heirs.

— Probate Code § 8460 — Notice of Appointment

Statutory Text

The personal representative shall, within 12 months after issuance of letters, file with the court an inventory and appraisal of the estate property.

— Probate Code § 8800 — Inventory and Appraisal

Statutory Text

The personal representative is entitled to compensation based on the value of the estate: 4 percent on the first one hundred thousand dollars; 3 percent on the next one hundred thousand dollars; 2 percent on the next eight hundred thousand dollars; 1 percent on the next nine million dollars; and one-half of 1 percent on the next fifteen million dollars.

— Probate Code § 10810 — Compensation of Personal Representative

What to Do

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