Executor and Administrator Responsibilities

A Practical Guide to Fiduciary Duties in Probate

Serving as an executor or administrator is a position of trust. The role carries legal responsibilities, financial obligations, and fiduciary duties that must be handled carefully and in accordance with California law.

This addendum outlines those responsibilities clearly and in the order they typically arise.

What It Means to Be a Personal Representative

A personal representative (also known as an executor or administrator) is legally responsible for managing the estate of a deceased person.

This role requires acting:

  • In good faith
  • In the best interest of the estate
  • With honesty and transparency
  • Without self-dealing or favoritism

Once appointed by the court, the personal representative has legal authority—and legal responsibility— for the estate.

Core Fiduciary Duties

A fiduciary is held to the highest standard of care under the law.

Duty of Loyalty

You must act solely in the interest of the estate and its beneficiaries.

Duty of Care

You must manage estate assets responsibly and avoid negligence.

Duty of Impartiality

All beneficiaries must be treated fairly, even in difficult family situations.

Duty of Disclosure

You must keep beneficiaries reasonably informed of estate matters.

Primary Responsibilities of the Executor

1. Secure and Protect Estate Assets

  • Safeguard property
  • Prevent theft or loss
  • Maintain insurance coverage
  • Protect financial accounts

2. Locate and Preserve Important Documents

  • Will or trust documents
  • Deeds and titles
  • Bank statements
  • Insurance policies
  • Tax records

These documents form the foundation of the probate process.

3. Open and Manage the Probate Case

  • File the petition for probate
  • Attend the probate hearing
  • Obtain Letters Testamentary or Administration
  • Comply with court deadlines

No estate actions should be taken without proper court authority.

4. Identify and Value Estate Assets

  • Prepare an inventory of assets
  • Work with a probate referee if required
  • Establish date-of-death values
  • Maintain accurate records

5. Notify Creditors and Manage Debts

  • Publish required notices
  • Send direct notice to known creditors
  • Review and approve or reject claims
  • Pay valid debts in proper order

Improper payment of debts can create personal liability.

6. Maintain Financial Records

  • Track all income and expenses
  • Keep receipts and documentation
  • Use an estate bank account
  • Avoid commingling funds

Good recordkeeping protects both the estate and the executor.

7. File Required Tax Returns

  • Final personal income tax return
  • Estate income tax return (if applicable)
  • Property tax updates

Professional tax assistance is strongly recommended.

8. Communicate With Beneficiaries

  • Provide required updates
  • Respond to reasonable inquiries
  • Share information transparently
  • Avoid favoritism or secrecy

Clear communication helps prevent disputes.

9. Prepare Final Accounting

  • Itemize all financial activity
  • Show beginning and ending balances
  • Document distributions
  • File with the court

This accounting must be accurate and complete.

10. Distribute Estate Assets

  • Follow the will or intestate laws
  • Obtain court approval
  • Collect signed receipts
  • Transfer title properly

Assets should never be distributed prematurely.

11. Close the Estate

  • File final court documents
  • Close estate accounts
  • Retain records
  • Confirm discharge from duties

Only after court approval is the role complete.

What Executors Are Not Allowed to Do

❌ Use estate assets for personal benefit

❌ Favor one beneficiary over another

❌ Ignore court deadlines

❌ Make distributions without approval

❌ Act without proper authority

Violations can result in personal liability.

Personal Liability Risks

Executors may be held personally responsible for:

  • Paying debts out of order
  • Failing to notify creditors
  • Improper distributions
  • Tax filing errors
  • Breach of fiduciary duty

Careful documentation and professional guidance reduce these risks.

When to Seek Professional Help

An executor should strongly consider professional assistance when:

  • Real estate is involved
  • The estate is large or complex
  • Beneficiaries disagree
  • Tax issues arise
  • Business interests exist

Probate professionals help protect both the estate and the executor.

Final Thoughts

Serving as an executor is a serious responsibility that requires organization, patience, and care. Understanding your duties and following proper procedures helps ensure a compliant and orderly probate administration.

When uncertainty arises, slow down, document everything, and seek guidance before making significant decisions.