Executors And Administrators
Discovering that you have been named executor of a will or that you need to get appointed administrator of a probate estate, especially while dealing with the loss of a loved one, can be overwhelming. We have the experience to guide you through the appointment process, handling all of the paperwork and probate hearings so you don’t have to, walking you through your duties and responsibilities, preparing accountings, coordinating with tax and other professionals, and responding to beneficiaries so your estate and probate administration is worry-free, cost-effective, and efficient.
If you find that your appointment or administration efforts are being challenged, we are built to handle your trust, probate, and estate litigation. Whether the challenge involves a competing probate petition or objections, a will contest, breach of fiduciary duty claims, a petition for instructions, a petition for removal, objections to your accounting, or financial elder abuse claims, we thoroughly investigate and litigate or resolve your dispute.
On This Page
Probate Filing and Court Procedures
We guide executors and administrators through the probate process, from filing the initial petition to obtaining court approval for asset distribution.
Inventorying and Appraising Assets
We assist in identifying, inventorying, and appraising estate assets to ensure an accurate valuation and smooth distribution.
Managing Creditor Claims and Paying Debts
We help executors and administrators manage and resolve creditor claims, ensuring debts are properly addressed before distributing the estate’s remaining assets to heirs.
Distributing Assets to Beneficiaries
We assist in executing the proper distribution of assets in accordance with the will or state intestacy laws, ensuring that all beneficiaries receive their fair share.
Estate Administration Services for Executors and Administrators
Handling the responsibilities of an executor or administrator can be complex and overwhelming. At RMO, we offer legal guidance to help you navigate the probate process, ensuring that all tasks are completed in compliance with state laws and your fiduciary duty. Our administration services include:
Estate Executor and Administrator Services
At RMO Lawyers, we offer estate executors and administrators a full range of legal services to address their needs in estate administration and disputes. Our services include:
Resolving Executor and Administrator Disputes
In cases where disputes arise among co-executors, beneficiaries, or other interested parties, RMO provides mediation and litigation services to resolve conflicts.
Will Contests
If a will is being contested, RMO can provide legal defense to ensure the testator’s wishes are upheld, and the estate is administered according to their intentions.
Allegations of Breach of Fiduciary Duty
Executors and administrators are responsible for acting in the best interests of the estate. If you are facing allegations of mismanagement, fraud, or breach of fiduciary duty, we provide strong legal advocacy to defend and clear your name.
Disputes Over Asset Distribution
Disagreements among beneficiaries over asset distribution are quite common. We represent executors and administrators in resolving these disputes while ensuring that the estate is distributed fairly and in accordance with the will or legal requirements.
Claims from Creditors or Other Interested Parties
RMO can assist executors and administrators in defending against claims from creditors who may dispute the handling of the estate or its assets.
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If you are overseeing an estate, RMO can help you navigate both administration and disputes as they arise.
Estate Executor and Administrator FAQs
Answers to common questions about estate executors and administrators, helping you better understand needs in estate administration and disputes.
What are the powers of the executor of a will?
While California law grants executors considerable authority in managing estate assets, the powers of an executor of a will are limited by the fiduciary duties owed to the estate and its beneficiaries. This means that executors are legally required to act in the best interests of the estate and its beneficiaries. In no case can an executor place their own self-interest above the interests of the estate.
Generally speaking, the executor of a will has the authority to manage the affairs of the estate.
The executor is typically selected by the deceased and named in the will. Executors can exercise considerable judgment when managing estate assets, including:
- Hiring a lawyer to assist with the estate administration
- Marshaling estate assets
- Paying estate debts and taxes
- Selling property
- Distributing estate assets according to the will
Is an executor of an estate the same as an administrator of a will?
No, while executors and administrators carry out the same duties, they are not the same.
California refers to the person responsible for settling an estate as a “personal representative.” Executors are personal representatives who are named in a will. In contrast, administrators are not named in a will because either there is no will or the named executor(s) of a will deceased or otherwise cannot serve. Both executors and administrators must be appointed by a court to have any authority to act on behalf of the estate.
Can an executor of a will also be a beneficiary or heir?
Yes. Beneficiaries and heirs can, and regularly do, serve as executors in California.
Executors often are spouses or children of the deceased, and California law places no restrictions on beneficiaries or heirs serving as executors. In fact, anyone who is at least 18 years old and is not legally incapacitated can be an executor.
Even though a beneficiary serving as an executor of a will may pose a conflict of interest, this is rarely a problem because of the fiduciary duty the executor owes the estate and its beneficiaries. Unfortunately, on rare occasions, an executor-beneficiary will violate their fiduciary duty and take an action that benefits themselves to the detriment of the estate or other beneficiaries. These self-interested actions are referred to as “self-dealing.” If you are a beneficiary and you believe the executor is engaging in self-dealing, you should seek legal advice from a probate litigation lawyer as soon as possible.
Can an executor of a will pay themselves a salary?
No, an executor of a will cannot pay themselves a traditional “salary” because all compensation must be approved by the court prior to payment. But an executor, or administrator, may receive a commission for their ordinary services, as well as reasonable fees for extraordinary services, such as selling real estate or handling litigation. All these commissions will be paid off the top from the estate assets and prior to any distributions.
Under California State Probate Code §10810, an executor may receive compensation based on the estate value. The pay rates are:
- 4% on the first $100,000
- 3% on the next $100,000
- 2% on the next $800,000
- 1% on the next $9,000,000
- ½% on the next $15,000,000
- A reasonable amount to be decided by the court on all amounts above $25,000,000
So, for example, the executor of a $600,000 estate would be entitled to receive 4% of the first $100,000 ($4,000), 3% of the next $100,000 ($3,000), and 2% of the next $400,000 ($8,000) for a total of $15,000.
Can an executor of a will take property from the estate?
It depends. The executor of a will can usually sell estate property, either with or without court approval depending on how much authority they have, but they cannot take it for themselves unless the will leaves it to them and the court approves its distribution to them.
As long as they believe it is in the estate’s best interest, executors may be able to sell personal property of the estate for 90% or more of the appraised value without court or beneficiary approval. However, if the executor wants to sell real estate, they may first need approval from the court. The proceeds from the sale then belong to the estate, not the executor.
However, executors cannot simply take property from the estate and keep it for themselves. Executors are legally required to distribute estate assets according to the will, so they cannot take estate property unless it is specifically given to them in the will and the court approves the distribution of that property to them in an approved petition for final distribution.
Can an executor of a will take money from the estate?
No, executors cannot take money from the estate for themselves.
The estate’s money belongs to the estate, its creditors and beneficiaries, not the executor. While the executor has the power to manage and direct estate funds, they are bound by their fiduciary duty to distribute the money according to the will to the estate beneficiaries. Even when the executor is also a beneficiary, they cannot simply take money from an estate bank account. Instead, they must wait until the estate is closed and the money is distributed with court approval.
Do I need a probate litigation attorney to contest a will or trust?
While you are not legally required to use a probate litigation attorney to contest a will or trust, it will be greatly beneficial for you to have an experienced lawyer on your side.
Litigation to contest a will or trust involves complicated, nuanced legal issues and specific probate and civil procedures. Probate litigation attorneys deal with these matters regularly and are well-versed in these processes. An experienced lawyer can evaluate the strength of your case, provide legal guidance, and present your case in the best possible light to get you the best result. There is an old saying: “A lawyer who represents himself has a fool for a client.” The takeaway? Even the best lawyer knows it’s best to hire counsel.
As an estate executor or administrator, do I need a probate lawyer?
If you have a probate, hiring the best attorney familiar with the local probate court where your case is going to be heard and decided often will get you the best result. Hiring someone local can be logistically favorable, but the reality is that familiarity with the court and its judges, processes and rules will help move your case along more efficiently and cost-effectively, getting you a better result sooner and likely for less legal spend.
Practice Areas
We have decades of experience getting results for people like you. Our team will listen to you, investigate your claims, develop a strategy aimed at accomplishing your goals efficiently and cost-effectively, whether that’s through negotiated resolution, formal mediation or trial, so that you can move on with your life. Schedule a free consultation, or give us a call.
We represent beneficiaries, heirs, administrators, executors, trustees and conservators/conservatees in cases involving disputing a will or trust, claims of breach of fiduciary duty, fiduciary misconduct and fraud, investment mismanagement, financial elder abuse, incapacity, and undue influence.
Stepping into the role of “Personal Representative” to handle your loved one’s trust, will, or probate estate can be an overwhelming experience. We have decades of experience helping individual and institutional administrators, executors, and trustees fulfill all their duties efficiently and cost-effectively. Although just a summary, below are many of the things we can help you with, and we’re always happy to answer your questions.
When your loved one is incapable of handling their affairs, whether financial or their own care, it may be time to consider a judicial conservatorship of the person (personal health and welfare of the conservative) or conservatorship of the estate (care of the conservatee’s finances), especially where your loved one may be the subject of financial or elder abuse. Often family members believe that a power of attorney or healthcare power may be sufficient, but often they are wrong. Sadly, even more often the person who holds those powers is the one abusing the loved one. Whether you need help analyzing whether a conservatorship is warranted, or need help defending against a frivolous conservatorship action, we can help.
Financial elder abuse is one of the fastest growing areas of law, affecting one of the most vulnerable sectors of our society. California’s elder abuse statutes provide extra protections to those 65 years of age and older who were victimized by the fraud or theft of another, most often a “loved one” who takes advantage of mom, dad, aunt, uncle, grandma or grandpa’s incapacity. We have successfully prosecuted and defended hundreds of financial elder abuse cases.
Estate Executors and Administrators Case Results
RMO has a proven track record of protecting people and defending legacies.
Recovered Family Jewels
On behalf of a professional fiduciary, convinced the probate court to award our client double damages, attorney’s fees and costs in addition to recovery of significant personal property wrongfully taken from – and refused to be returned to – the estate.
Saved Mom’s House and Legacy from Foreclosure
Prevented foreclosure of mom’s house – the estate’s only significant asset – by securing ex parte appointment as Special Administrator and then obtaining a temporary restraining order preventing the home’s foreclosure so the property could be sold, securing mom’s legacy for her children and grandchildren.
From Our Blog
Insights and advice on estate executors and administrators from our blog.
- Estate Administration
- 5 min read
Does an Executor Have to Show Accountings to Beneficiaries?
In Texas, while an executor of an estate does have to file an inventory, appraisement, and list of claims with the probate court, they [...]
- Estate Litigation
- 8 min read
What an Executor Can and Cannot Do
Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is [...]
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