Probate

Probate Executor Duties in California: Complete Guide

2026-05-03 Alder Heritage Homes

Being a probate executor is one of the most challenging and misunderstood roles in California real estate. Executors are often family members with no legal background, suddenly responsible for managing a complex court process, handling creditor claims, and selling property. Here's what executors actually need to do — and what they don't.

What is an Executor?

An executor (also called a personal representative) is the person named in a will to manage the deceased person's estate. If there's no will, the court appoints an administrator. The executor's job is to: (1) file the probate petition, (2) obtain court authority, (3) inventory estate assets, (4) notify creditors, (5) manage the sale of real property, (6) pay debts and taxes, and (7) distribute remaining assets to heirs.

Key Executor Duties

File the Probate Petition: The executor must file a petition with the Superior Court in the county where the deceased lived. This initiates the probate process. Filing fees are typically $400-500.

Obtain Letters Testamentary: At the initial court hearing (6-8 weeks after filing), the court appoints the executor and issues "Letters Testamentary" — the legal document that gives the executor authority to act on behalf of the estate.

Publish Notice to Creditors: The executor must publish a "Notice to Creditors" in a local newspaper for 4 consecutive weeks. This gives creditors 4 months to file claims against the estate.

Inventory Estate Assets: The executor must create a detailed inventory of all estate assets (real property, bank accounts, investments, personal property) and file it with the court.

Manage Real Property Sale: If the estate includes real property, the executor must arrange for a probate referee appraisal, list the property, accept an offer, and petition the court for approval.

Pay Debts and Taxes: The executor must pay all estate debts (mortgages, credit cards, medical bills) and file final tax returns (both federal and state).

Distribute Assets to Heirs: After all debts and taxes are paid, the executor distributes remaining assets to heirs according to the will or California's intestacy laws.

Common Executor Mistakes

Selling the Property Without Court Authority: The executor cannot sell real property until they have Letters Testamentary. Attempting to sell before obtaining court authority can invalidate the sale.

Failing to Publish Notice to Creditors: If the executor doesn't publish the Notice to Creditors, the creditor claim period may extend indefinitely, delaying the distribution of assets.

Accepting Below-Market Offers: California Probate Code §10309 requires that the sale price be at least 90% of the probate referee's appraised value. Accepting a lower offer can result in court rejection.

Not Accounting for Probate Costs: Executors often underestimate probate costs, which can include court fees, attorney fees, probate referee appraisal fees, and publication fees.

When to Hire a Probate Attorney

Most executors benefit from hiring a probate attorney. An attorney can: (1) file the probate petition correctly, (2) obtain Letters Testamentary, (3) manage the creditor claim process, (4) coordinate the property sale, and (5) ensure all court deadlines are met. Attorney fees typically range from $2,000-$5,000 for a straightforward probate.

Selling Real Property as an Executor

When selling real property during probate, the executor must: (1) obtain a probate referee appraisal, (2) list the property at 90% or more of the appraised value, (3) accept an offer, (4) file a "Report of Sale and Petition for Order Confirming Sale" with the court, (5) attend the court confirmation hearing, and (6) manage the overbid process if bids are submitted.

This process typically takes 6-12 months. A cash buyer can significantly simplify this process by eliminating financing contingencies and closing quickly after court confirmation.

Executor Liability

Executors have a fiduciary duty to the estate and heirs. If an executor mismanages estate assets, fails to pay creditors, or breaches their duty, they can be held personally liable. This is why many executors hire probate attorneys — to protect themselves from liability.

Need help selling an inherited property? Alder Heritage Homes has worked with 100+ executors throughout the Central Valley. We understand the probate process and can close quickly after court confirmation. Call (559) 281-8016 for a free offer.