| Alan R. Horvath, Attorney at Law |
| Probate - Executor |
The Executor is the person named in the will to perform the tasks necessary to administer the estate. If no will exists, or
the will fails to name an executor, then an Administrator is appointed instead. Both an executor and an administrator are
also called a personal representative. In either case, the authority of the individual comes from a court order and
accompanying "Letters" that notify the rest of the world that this person is acting under the supervision of the court.
The personal representative has a legal responsibility to administer the estate first on behalf of any creditors, and then on
behalf of the beneficiaries. He or she is expected to take reasonable steps to locate and notify any potential creditors, and
to then verify their claims, and provide for them being paid as long as sufficient assets exist to do so.
This means the personal representative must first locate and obtain possession of all assets belonging to the estate, and if
necessary liquidate them in order to pay valid claims.
The personal representative must keep detailed financial records of all transactions involving the assets of the estate, and
report this to the court prior to the close of probate. For his services, the personal representative receives a fee calculated
on a decreasing sliding scale starting with 4% of the first $100,000 of assets, 3% of the next $100,000, and 2% of the next
$800,000.
the will fails to name an executor, then an Administrator is appointed instead. Both an executor and an administrator are
also called a personal representative. In either case, the authority of the individual comes from a court order and
accompanying "Letters" that notify the rest of the world that this person is acting under the supervision of the court.
The personal representative has a legal responsibility to administer the estate first on behalf of any creditors, and then on
behalf of the beneficiaries. He or she is expected to take reasonable steps to locate and notify any potential creditors, and
to then verify their claims, and provide for them being paid as long as sufficient assets exist to do so.
This means the personal representative must first locate and obtain possession of all assets belonging to the estate, and if
necessary liquidate them in order to pay valid claims.
The personal representative must keep detailed financial records of all transactions involving the assets of the estate, and
report this to the court prior to the close of probate. For his services, the personal representative receives a fee calculated
on a decreasing sliding scale starting with 4% of the first $100,000 of assets, 3% of the next $100,000, and 2% of the next
$800,000.
P.O. Box 81
596 Mountain Ranch Rd.
San Andreas, CA 95249
596 Mountain Ranch Rd.
San Andreas, CA 95249
| Phone: 209 754-5291 Fax: 209 754-5293 |
| ahorvathlaw@sbcglobal.net |
| Serving Calaveras, Amador, Tuolumne, and San Joaquin counties, California |
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