Who is the Executor?

• Under California probate law, either the executor is named in the will of the decedent or, if no will exists or the will doesn't name an executor, the law allows for a judge to choose an executor from a list of family relations, next of kin or court-appointed candidates.
  
  

When Does Probate Begin?

• The probate process begins when a petition is filed with the court asking for the judge to determine who the executor will be. The petition, which is generally filed by the executor named in the will or of first priority according to the law, contains information about the executor, the decedent and the decedent's heirs. Prior to a final determination of the executor, all interested parties will have a chance to voice any objections they have. However, the final decision rests with the judge hearing the case.
  
  

Notice

• California law requires that all interested parties receive notice that an estate has entered the probate process. In addition, the notice details the list of potential beneficiaries, the proposed beneficiaries, and the date and time of the hearing to determine who will be the estate's executor.
  
  

Executor's Duties

• Once an executor is named, it is his sworn duty to gather and inventory all assets of the decedent's estate, have the estate appraised, pay any debts owed by the estate, file taxes, and finally distribute the assets to the decedent's heirs and beneficiaries.
  
  

Warnings

• In California, probate is not for free. Instead, the law sets out a pricing plan as determined by the value of the estate. For example, an estate valued at $100,000 will require an administration fee of no less than $4,000. The fee is used to compensate the executor for administering the estate.