Management Powers and Role of an Executor in California

A California executor is the person who is given management powers by the Court to care for the assets of the decedent.  The term executor insinuates that there is a will.  The term administrator of a probate estate insinuates that there is no will, or that the decedent died intestate.   Remember that a power of an executor also can translate to a duty of an executor, but not always.

Powers of an executor are defined in the will, but they are expanded by the California Probate Code.  When the will restricts the executor from taking an action, the Court will usually respect the wishes of the decedent, unless the executor comes to court and seeks instructions as to why he should not follow a provision of a will.

Most executors handle such matters very smoothly.  They see help from an experienced probate attorney who can advise them about the powers of an executor in Los Angeles, California.   By consulting with a Sirkin Law Group probate attorney in California, you can be assured that you will receive the advice you deserve in a timely manner.   Receiving advice protects you and the estate when you act as a Los Angeles Executor.

Management and Control of the Estate as Powers

(a) The personal representative has the management and control of the estate and, in managing and controlling the estate, shall use ordinary care and diligence. What constitutes ordinary care and diligence is determined by all the circumstances of the particular estate.

(b) The personal representative:

(1) Shall exercise a power to the extent that ordinary care and diligence require that the power be exercised.

(2) Shall not exercise a power to the extent that ordinary care and diligence require that the power not be exercised.

Consult with us in a complimentary 30 minute session by calling 818,340.4479.   Our friendly office staff will greet you and treat you with respect and integrity.  We value our clients and relationships and are here to help you with your probate in Los Angeles.