The Dayton Law Firm, P.C.

Executors have the responsibility of completing probate

After the passing of a loved one, many actions need to take place to ensure that his or her final affairs have been properly settled. Even though an individual may have left behind instructions regarding the closing of a California estate, someone else must make sure that those instructions are followed throughout probate. That someone is the executor of the will.

The person who created the will has the ability to appoint an executor if he or she wishes to do so. If not, the court will appoint a representative. Still, the executor has a number of duties to address during probate proceedings, including paying any remaining debts and distributing assets. However, the duties do not end there, and the will may not give instructions for each task. For instance, the executor will need to close financial accounts, cancel credit cards and subscriptions, and complete numerous other tasks.

Additionally, it is important that the executor remembers not to distribute assets until all debts and taxes associated with the estate have been paid. If distribution takes place too early, there may not be enough remaining funds to cover these liabilities. This could mean that the executor could become personally responsible for those outstanding balances.

While being asked to be an executor can seem like an honor, it is important to remember that it is a monumental job. Probate can last for years, and if the estate is particularly complex, it can be a stressful process to complete. Fortunately, California residents acting as executors can obtain help throughout the process from legal professionals well-versed in this area of law.

No Comments

Leave a comment
Comment Information

Schedule A Free Initial Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email us for a response

The Dayton Law Firm, P.C.
1754 Technology Drive
Suite 230
San Jose, CA 95110-1319

Phone: 408-758-5750
Fax: 408-437-7509
San Jose Law Office Map

Directions To Our Office Door