What information and duties must a personal representative provide to heirs in California? | California Probate | FastCounsel
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What information and duties must a personal representative provide to heirs in California?

What information and duties must a personal representative provide to heirs in California?

Detailed Answer

When someone passes away with a valid will or without one (intestate), the court appoints a personal representative—sometimes called an executor or administrator—to manage the estate. California law imposes specific duties on this individual to keep heirs and beneficiaries informed and protect their interests. Below is an overview of the key obligations.

1. Notice of Administration

Within 30 days of appointment, the personal representative must mail a Notice of Administration to all heirs and beneficiaries. This document describes:

  • The decedent’s name, date and place of death.
  • The court case number and county.
  • The representative’s contact information.
  • Deadline to contest the will (if one exists).
  • Rights of interested persons, including probate deadlines.

This requirement appears in California Probate Code § 8110 and § 8111, online at Prob. Code § 8110–8111.

2. Inventory and Appraisal

Within four months of appointment, the personal representative must file an Inventory and Appraisal with the court and serve a copy on heirs. This listing includes:

  • All real property and personal assets owned by the decedent.
  • Current market value (as of date of death).

This duty ensures heirs know what assets the estate holds. See Prob. Code § 8800–8802.

3. Accountings

The personal representative must prepare periodic or final accountings showing estate receipts, disbursements, expenses, and distributions. California Probate Code § 10600 requires the representative to file an account when real or personal property remains in the estate. Heirs can review this document to confirm proper management. Details at Prob. Code § 10600–10608.

4. Inventory Updates and Status Reports

If estate administration continues beyond one year, the representative must file annual status reports. These reports update heirs on progress, pending tasks, and any changes in estate value. Reference Prob. Code § 16061.7.

5. Distribution of Assets

Once debts and taxes are paid, the representative must distribute the remaining assets according to the will or intestacy rules. Heirs receive a final accounting and distribution list before assets change hands. This step is governed by Prob. Code § 11600–11603.

Disclaimer

This article is for general information only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.

Helpful Hints

  • Keep a calendar of probate deadlines: notice, inventory, accountings.
  • Maintain clear records of every transaction and communication.
  • Send all notices by certified mail and keep proof of delivery.
  • Review California Probate Code sections online for updates.
  • Ask the court clerk for forms if you need help preparing inventories or accountings.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.