California Probate Center

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

What Are the Duties of a Personal Representative?

As explained above, the personal representative of the estate is a fiduciary and must comport with the highest standard of care under the law. This means that a failure to exercise due care can result in personal liability, and the excuse “I did not know” will not save the personal representative. The probate code expressly states that the fact that the personal representative did not receive any compensation  for the services will not excuse personal liability. Contact the California Probate Center and we can help you through the process. Exercising due care means retaining a lawyer to guide you through the tangled procedure – especially when confronted with the entire California Probate Code, which can be found here. In many respects, the imposition of such a high duty on a non-lawyer seems unfair given their unfamiliarity with the specialized aspects of probate law. Nevertheless, the standard is needed to protect beneficiaries and heirs in the probate process from misconduct, and also because the personal representative is expressly considered an officer of the court. The system assumes the non-lawyer will consult with legal professionals when need be.

First, the court requires every personal representative sign an acknowledgement of having read the “Duties and Liabilities of a Personal Representative” as mandated by California Probate Code §8404. The acknowledgment advises repeatedly that “[a]n attorney is best qualified to advise you about these matters.” The following duties are not a comprehensive list of every act that a personal representative must take, but gives general notice of the broad categories which are governed by specific provisions and timelines contained in the probate code.

The Personal Representative Must Properly Manage the Estate’s Assets: According to the “prudent investor rule,” the personal representative must manage the assets with the care of a prudent person dealing with another’s property. Estate money must be kept in insured accounts and earn interest. You should consult a probate attorney before making any investments. In addition, they may not commingle estate funds, for example by taking money from the estate and placing it in their account without prior court approval.

Managing Property of the Estate: The personal representative must find and take control of all of the estate’s property, and file an inventory and appraisal within four months of the death of the decedent of all the assets of the estate. When the inventory and appraisal is conducted, the personal representative must file a change of ownership statement with the county recorder or assessor where the property is located.

Give Notice to All Creditors: The personal representative must serve notice of administration to all known creditors within four months of appointment.

Insurance: The personal representative must purchase adequate insurance covering the assets and risks of the estate for the entire period of the administration of the estate.

Keeping Records: Records regarding every transaction must be kept, including money and property received, spent, and the dates of the transactions. These records will be reviewed by the court.

Consulting an Attorney: The Judicial Council’s acknowledgement expressly states that “When in doubt, contact your attorney.”