California Probate Center

We Can Probate Any Estate in California - The Law Offices of Roy Newman

What/Who Is a Personal Representative in California Probate?

In California, the personal representative of the estate is equivalent to what other states would call an administrator or executor. The probate court must officially approve the appointment of the personal representative, even if the designation is made in the deceased person’s will. If the decedent named the personal representative in the will, the estate can waive the requirement of a bond. If not, the personal representative must post a bond large enough to ensure that any negligent or intentional act that harms the estate may be reimbursed from the bond.

A personal representative in California is a fiduciary. This means that at all times the law will charge them with the highest duty of honesty, impartiality, and diligence. Because of the incredibly complicated interlocking provisions of the probate code, this very high standard of care (the highest anywhere in the law) results in many otherwise intelligent and competent individuals failing to meet their duty. The potential personal liability exposure is immense, especially when other family members fail to agree on key terms or believe they are entitled to a differing share. If you are the personal representative of an estate, contact the California Probate Center and we will walk you through the process.