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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.
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.
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.
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.