When a family member or friend is ill and cannot maintain certain responsibilities such as signing checks and paying bills they will often get a power of attorney. But this is different than an executor of the estate. An executor of an estate can be an honor and a burden at the same time. This person is usually entrusted with responsibilities after someone’s death. They are charged with protecting the deceased persons property until all debts and taxes have been paid and facilitating or executing the will. This person can be anyone that the deceased person had previously appointed and they don’t have to be a legal or financial expert but they should be someone that is trustworthy, impartial and diligent. They will need to find the deceased person’s assets and manage them or disperse them upon death. They will also need to decide whether or not a probate court is needed. Jointly owned assets pass to the surviving owner if there was one without probate but if the deceased persons property does not pass on to a particular person or there is no will, probate may need to take place.
A power of attorney is simply the authority to act for a person in a specific way for all legal and financial matters. They can typically sign checks for the person, answer medical questions and organize issues that the person may be unable to perform themselves. This person is not automatically the executor of the estate but it can be the same person.
A personal representative may not be either of these two roles. But often times, the executor is also referred to as either the personal representative or personal administrator. They have the authority to sell the property if the authority is given in the will, sold accordance to the terms of the will and if it is necessary to pay any debts or taxes owed by the deceased.
A will is usually the best line of defense and the first avenue that executors and power of attorney’s will need to refer to once someone has passed away. The will should have certain wording and language assessing the responsibilities of the power of attorney upon death and/or the executor of the state. If there is no well or the will does not specifically discuss the property, then this personal representative may elect to sell the property and determine the method of the sale. They may or may not need to go through probate court in order to do so. However, it’s always important to discuss the situation and any confusion with a probate attorney. If the personal representative or executor plans on selling the property, it’s also a good idea to go through a probate real estate agent that is familiar with the process.
For more answers to your questions on California probate laws, contact my office at any time. I am an expert in probate and can help asses the situation and provide the best means of moving forward.