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Guidance for California Residents Creating a Thoughtful Estate Plan

When creating an estate plan, one of the most important—and often most difficult—decisions is selecting the right person to serve as your trustee or executor. These individuals play a critical role in making sure your wishes are honored, your assets are managed wisely, and your loved ones are taken care of. In California, choosing the right fiduciary can make the difference between a smooth administration and a stressful, prolonged process for your beneficiaries.

Here’s what you need to know to make an informed and confident choice.

Trustee vs. Executor: What’s the Difference?

Though often confused, these roles are distinct:

• An executor (also called a “personal representative” in California probate court) is named in your will and is responsible for carrying out your wishes after your death through the court-supervised probate process.
• A trustee manages the assets held in a revocable living trust, both during your lifetime (if you become incapacitated) and after your death, typically without court involvement.

Depending on your estate plan, you may appoint the same person for both roles or choose different individuals for each.

Key Qualities to Look For

Whether you’re choosing a trustee, an executor, or both, here are the essential traits to prioritize:

✅ Trustworthiness

This isn’t just a title—you’re handing someone legal authority over your finances, property, and family legacy. Choose someone with integrity, sound judgment, and a track record of being responsible.

✅ Organizational Skills

Administering an estate involves paperwork, deadlines, and communication with banks, courts, tax authorities, and beneficiaries. Your fiduciary must be detail-oriented and capable of staying on top of it all.

✅ Impartiality

Family dynamics can get complicated, especially after a loved one passes. A good trustee or executor should be able to remain neutral, even in emotional or high-stress situations.

✅ Availability

The person you choose should be willing and able to serve when the time comes. Don’t assume—always have a conversation with your proposed fiduciary and get their consent ahead of time.

California-Specific Considerations

California law adds a few extra points to consider:

• If your executor lives out of state, they may be required to post a bond (even if you waive that requirement in your will), and the probate process may be more cumbersome and expensive.
• Trustees and executors in California are entitled to reasonable compensation—but it’s also common for trusted family members to waive these fees.
• If your estate is especially complex, or includes real estate, business interests, or special needs planning, you may want to consider a professional fiduciary licensed by the state of California.

Should I Choose a Family Member or a Professional?

There’s no one-size-fits-all answer. A spouse, adult child, or close friend may know your values and wishes better than anyone. But sometimes, naming a neutral third party—such as a private fiduciary, CPA, or attorney—can reduce conflict and ensure your estate is handled with experience and expertise.

If you’re unsure, your estate planning attorney can help weigh the pros and cons for your situation.

Don’t Forget a Backup

Life is unpredictable. That’s why we always recommend naming at least one alternate for each role in your estate plan. This helps ensure your plan works even if your first choice is unavailable when needed.

 

Final Thoughts

Choosing a trustee or executor isn’t just about picking the person closest to you—it’s about choosing someone who will honor your wishes, protect your legacy, and make life easier for your loved ones during a difficult time.

At Herbert Law Office, we help families make thoughtful, legally sound decisions about every aspect of their estate plans—including who to trust with these important roles. If you’d like guidance on updating your plan or choosing the right fiduciary, we’re here to help. Give us a call at (661) 273-9007 to schedule your free consultation.