Laila J Kepler Passing on the legacy
family-centered
estate planning
Call today to schedule your
free confidential consultation*
(951) 265-9716

Estate Planning Newsletter

The Executor or Administrator of a Will

When a person dies, a personal representative must be appointed to manage and distribute the decedent’s estate.

Types of Personal Representatives

A personal representative is any of the following:

  • Executor – Someone who was chosen by the person who created the will (testator) to carry out the terms of a will after death.
  • Administrator – Someone who has been designated by the probate court to manage and/or distribute a deceased person’s estate.

Court Appointment

Other than situations where a person dies without a will (intestate), a representative may be appointed if:

  • An executor is not named in the will
  • The named executor is no longer alive
  • The named executor resigns or is incapable of handling the duties required of an executor

Standard of Care

In administering a decedent’s estate, the personal representative must exercise the same level of care that he/she would use in dealing with his/her own estate. The representative should use prudence and diligence in management of the decedent’s property.

Expenses

Personal representatives are usually reimbursed for any necessary out-of-pocket expenses. Such expenses may include:

  • Property management wages
  • Costs of attorney’s fees
  • Cost of surety bond
  • Property taxes
  • Homeowner’s insurance
  • Repairs made to the property

A personal representative is a fiduciary and may be personally responsible for any losses related to his/her neglect or mismanagement of a decedent’s estate.

Estate Planning News Links
Share This Page:
Our law firm represents estate planning clients from Riverside County, North County San Diego, Temecula, Murrieta, Lake Elsinore, Canyon Lake, Wildomar, De Luz, Fallbrook, Bonsall, Escondido, Valley Center, Rainbow, Hemet, Riverside, Menifee, Sun City, Canyon Heights, Canyon Lake, Quail Valley, Pechanga, and Pala. Our law firm focuses on California estate planning, wills, trusts, estates, probate administration, trust administration, asset protection, and entity formation. Practicing as an estate planning attorney, trust attorney, and probate attorney, Laila Kepler guides her clients through life's changes.