Who Can Act as a Personal Representative? A personal representative (referred to as an executor or administrator in California) plays a significant role in the administration of the estate of a deceased person under California law. Typically, any U.S. citizen at least 18 years old who meets certain qualifications can serve in this position, except for some felony convictions banned by state law.
Eligibility Criteria
In California, people can act as personal representatives if they meet the following standards
Must be over the age of 18
State of Residency: Must be a U.S. resident, but there are exceptions for named benefactors.
Legal Fitness: No past felony convictions and no present mental incompetency
Duties of an Executor
Every personal representative has a few basic duties they must fulfill:
Petitions: The agent files a petition with the probate court requesting official appointment after giving notice to beneficiaries and interested parties of the appointment process.
Inventory and Appraisement: they are in charge of making a list of the assets left by the decedent and ensuring that these are properly appraised.
Personal Representative Information — The personal representative is responsible for notifying the creditors of the decedent that the estate is being probated, as well as settling any and all debts or taxes owed by then estate.
First out are the creditors and, after paying off any debts, they distribute what is left of the assets as per the wishes of decedent or by what state law prescribes if there were no will.
Disqualifications
There are some people who cannot serve as personal representatives;
Minors: Persons under the age of 18 may not serve.
Non-residents: Typically, non-US. To the extent provided by a will, residents of the United States are also excluded.
Criminal Record: People who have been convicted of a felony may be disqualified from serving.personal representative (ad)
At the end of the day, though, lots of people can act as personal representatives in California; it is simply a matter of understanding legal prerequisites and duties so that they can succeed in handling an estate. It is good to consult the probate attorney for in-depth help.
