Detailed Answer
In California, appointing a personal representative (executor or administrator) requires a formal probate process. You start by determining whether the decedent left a valid will. If a will exists and names an executor, you petition for Letters Testamentary. If there’s no will or no qualified executor, you petition for Letters of Administration.
- Prepare and File a Petition
Complete Judicial Council Form DE-111 (Petition for Probate) and file it with the Probate Division of the Superior Court in the county where the decedent lived. You must pay statutory filing fees. (Prob. Code §8000) - Provide Notice
Within 15 days of filing, mail notice of the petition to all heirs, beneficiaries, and creditors. Publish a notice in a local newspaper if required. (Prob. Code §8110 and §8112) - Attend the Court Hearing
The court schedules a hearing 15–30 days after filing. At the hearing, the judge reviews the petition, resolves any objections, and confirms the personal representative’s qualifications. - Obtain Letters
If the judge approves, the court issues Letters Testamentary or Letters of Administration, giving you legal authority to manage estate assets. (Prob. Code §8401) - Post a Bond (If Required)
Unless waived by the will or court, you must file a surety bond to protect estate assets. (Prob. Code §8481)
Typical Timeline:
- Filing to Hearing: 3–6 weeks
- Notice Period: 15–30 days
- Issuance of Letters: 1–2 weeks after hearing
After appointment, the personal representative must:
- Inventory assets within 4 months (Prob. Code §8800)
- Provide status reports and final accounting
- Distribute assets according to the will or California succession statutes
Helpful Hints
- Review local court rules online or visit the courthouse clerk’s office.
- Use official Judicial Council forms to avoid delays.
- Keep detailed records of estate expenses and receipts.
- Notify the Franchise Tax Board if the decedent filed California returns.
- Consult an attorney if disputes arise or the estate is complex.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.