Executors and Administrators
Executor vs Administrator: What Is a Personal Representative?
A personal representative is the person or entity the probate court puts in charge of administering a decedent's estate. The role is the same either way, but the title depends on how they were chosen. An executor is the person named in the will to serve. An administrator is appointed by the court when there is no will, when the will names no one, or when the named person cannot or will not serve.
Whatever the title, this person collects the assets, pays valid debts and taxes, and distributes what remains to the heirs, all under a fiduciary duty to act in the beneficiaries' best interest. Their authority comes from the Letters the court issues, which is the document that lets them sign to sell the home.
California Probate Code section 58 and following. Not legal advice.Have a probate property in San Diego or Riverside County?
Ron Burner, Certified Probate Real Estate Specialist (CPRES), has guided families through 50-plus probate sales. Get straight answers with no obligation.
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