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That person (it could be one or more individuals, a bank or trust company, or both) who acts for, or stands in the shoes of, the deceased is generally called the personal representative. If the decedent dies testate that is, with a Will an Executor is appointed as the personal representative.
When a person dies, his or her property must be collected by the personal representative. After debts, taxes, and expenses are paid, the remaining assets are distributed to the decedent's beneficiaries.
Can I appoint a beneficiary as my executor? Yes, your executor may also be a beneficiary to your estate. In fact, if you are leaving everything to your spouse or adult children who are capable of managing their finances, it is a natural choice to appoint your spouse or one or more of your children as your executor(s).
A personal representative is appointed by a judge to oversee the administration of a probate estate.When a personal representative is nominated to the position in a will, he's commonly called the executor of the estate.
In 2016, the filing fee for both an informal and formal probate in District Court statewide is $360.00. Attorney fees depend on the duration of probate and complexity of the estate, the existence of a Will and the location of real property owned by the estate.
It begins when a person, usually a family member, petitions the court to probate the estate and appoint a personal representative. The personal representative then administers the estate. This includes paying debts and claims against the estate, selling property (if required), and distributing assets.
No. The person must be appointed by the probate court as the personal representative and letters issued for the appointment as personal representative to be effective. California Probate Code §8400(a).To learn about the duties of a personal representative in California probate, click here.
As the Personal Representative, you are responsible for doing the following: 2022 Collecting and inventorying the assets of the estate; 2022 Managing the assets of the estate during the probate process; 2022 Paying the bills of the estate. Making distribution to the heirs or beneficiaries of the estate.