Personal Representative Without Probate
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FAQ
Generally, the person who oversees your estate is known as your ?personal representative.? California law also refers to a personal representative as an ?executor? or ?administrator.? All three terms describe the same function, although there is a legal distinction between their method of appointment.
A personal representative is under a duty to settle and distribute the estate of the decedent in ance with the terms of any probated and effective will and this Code, and as expeditiously and efficiently as is consistent with the best interests of the estate.
If you resign from your role as Executor, generally, another Executor will be appointed. If more than one Executor is named in the deceased's Will or a backup Executor, then the responsibility will fall to them. Alternatively, if you have been named as a sole Executor, a suitable replacement will need to be found.
(1) The personal representative shall collect, inventory and possess all the decedent's estate; collect all income and rent from decedent's estate; manage the estate and, when reasonable, maintain in force or purchase casualty and liability insurance; contest all claims except claims which the personal representative ...
A personal representative cannot resign without the probate court's consent, and then only when a successor personal representative is appointed.