How to Appoint a Los Angeles California Executor?

HOW TO APPOINT A LOS ANGELES EXECUTOR
PROTECTING THE ESTATE IN CALIFORNIA
MINA SIRKIN
SIRKIN LAW GROUP, PC
21550 OXNARD ST. 3rd Flr
Woodland Hills CA 91367
818-340-4479
800-300-9977
Info@SirkinLaw.com

ROLE OF AN EXECUTOR
¡ A California Executor has four main roles:
¡ Manage the Estate Assets
¡ Protect the Estate
¡ Account for the Estate Assets, Income and Expenses
¡ Distribute the Assets
¡ The Executor is a Fiduciary, meaning that he/she owes a duty of
loyalty to the estate, its heirs and beneficiaries.
Mina Sirkin, SIRKIN LAW GROUP, PC 818-340-4479, Info@SirkinLaw.com

EXECUTOR OR ADMINISTRATOR
¡ An executor is a person who is named in the will as the manager of the
estate.
¡ An administrator has the same role as the executor, but the
administrator is not named in the will.
¡ An administrator with Will Annexed is an administrator who is
appointed when there is no one named in the Will as an executor.
¡ A Successor Administrator replaces a deceased, incapacitated or
removed administrator or executor.

THE PROCESS OF APPOINTING AN EXECUTOR IN CALIFORNIA
¡ The process of appointing an executor in California always begins with a
Petition. It is called a Petition for Probate which is a California Judicial
Council form required as a mandatory form.

WHAT INFORMATION DO I NEED TO APPOINT AN EXECUTOR?
¡ You will need the following information to get an executor appointed:
¡ We need to see the will, if any will exists.
¡ Name, Address, Phone Number of the Proposed Executor.
¡ Name,Address, Date of Death of the Decedent.
¡ Names, Addresses and relationships of all the persons who are named in the Will to the Decedent.
¡ If there is no will, Name,Address and Relationship of all heirs at law of the Decedent where there is
no will.
¡ General Asset Information about the Decedent.
¡ Was the Decedent married, single or other?
¡ Did the Decedent leave a deceased spouse, or step-children?

DOES THE EXECUTOR NEED TO POST A BOND BEFORE
APPOINTMENT?
¡ If the Will does not waive a bond, California Probate Law generally
requires a bond of the proposed administrator or executor.
¡ A bond is a surety contract which is to protect the estate from losses
caused by the executor.
¡ The first bond payment is done by the proposed administrator, and the
administrator will be reimbursed for the payment of cost of the bond
from the estate assets.

WHAT TYPE OF PEOPLE ASK TO BE EXECUTORS IN LOS ANGELES?
¡ Family Members
¡ Spouses
¡ Domestic Partners
¡ Attorneys
¡ Children
¡ Professional Fiduciaries
¡ The Public Administrator

HOW IS AN EXECUTOR PAID IN LOS ANGELES CALIFORNIA?
¡ An executor is paid from the assets of the estate which payment
requires a prior court order.

HOW MUCH DOES AN EXECUTOR PAID IN LOS ANGELES
CALIFORNIA?
¡ The executor gets paid a percentage of the assets of the probate estate which is set
forth by the Probate Code in California.
¡ There are two types of executor compensation or executor fees:
¡ Statutory Fees of an Executor are a percentage.
¡ Extra-Ordinary Fees of an Executor are usually based on an hourly rate.
¡ You can see an example of the California Statutory Fees here.

CAN A CALIFORNIA EXECUTOR SELL THE ESTATE PROPERTY?
¡ Generally, a California Executor can sell the estate’s property. The sale
is usually done with either a Notice of Proposed Action, or by Court
Confirmation at a hearing.
¡ A Notice of Proposed Action may be used when the executor has
independent powers.
¡ A Court Confirmation Hearing can be used when the executor has
limited powers or if he/she see that it is beneficiary to have the court
approve the sale.

WHAT IF I DON’T LIFE THE EXECUTOR NAMED IN THE WILL?
¡ You can’t remove an executor just because you don’t like him or her.
¡ If the executor takes an action that causes loss to the estate, you can ask
that he/she be removed or suspended.
¡ If the executor is incapacitated, or is deceased, there is a procedure to
appoint a new executor and to replace the executor or administrator.

WHO DO I CALL IF I HAVE QUESTIONS ABOUT A LOS ANGELES
CALIFORNIA EXECUTOR?
¡ If you have questions about Los Angeles California Executor
Appointments or Removals, call:
¡ Mina Sirkin, Specialist Probate Attorney
¡ SIRKIN LAW GROUP, PC
¡ 818-340-4479
¡ Email: MSirkin@SirkinLaw.com

How to Appoint a Los Angeles California Executor?

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How to Appoint a Los Angeles California Executor?