Being named as the executor of someone’s will is an honor—but it can also feel overwhelming, especially if you’ve never handled an estate before.
If you’ve recently learned that you’re the executor, you may be wondering: What am I actually supposed to do? Where do I even start?
Here’s a clear, step-by-step guide to help you understand what comes next.
First: When Does an Executor’s Role Actually Begin?
One important (and often misunderstood) point:
Being named as an executor has no legal effect until the person passes away.
While the person is still alive:
- You have no authority to act on their behalf
- You cannot access accounts or manage assets
- Your role is simply designated, not active
Even after death, your authority does not automatically begin—you must be formally appointed, if required, before acting on behalf of the estate.
What Does an Executor Do?
An executor (called a “personal representative” in California) is responsible for carrying out the instructions in a will.
That includes:
- Managing the deceased person’s assets
- Paying debts and expenses
- Handling necessary legal and administrative steps
- Distributing property to beneficiaries
This is a fiduciary role, meaning you are legally required to act in the best interests of the estate and its beneficiaries.
A Quick Note: Wills vs. Trusts
This article focuses on situations where someone has a will but does not have a trust, or has assets outside of a trust.
Why that matters:
- A will typically requires some form of probate or court process
- A revocable living trust is designed to avoid probate for assets properly held in the trust
If all assets are held in a trust, the successor trustee—not the executor—handles administration, often without court involvement.
However, even people with trusts may still have:
- Assets not transferred into the trust
- A “pour-over will” directing assets into the trust
In those cases, the executor may still have a role.
Step 1: Obtain the Death Certificate
You’ll need certified copies of the death certificate to begin handling the estate.
These are used to:
- Notify financial institutions
- Access records
- Handle administrative tasks
It’s best to request multiple copies upfront.
Step 2: Locate the Original Will
Find the original signed will—not just a copy.
Common places include:
- A home safe or filing system
- A safe deposit box
- The attorney who prepared the will
In California, the person holding the will is generally required to lodge it with the appropriate county court within 30 days of death, even if no formal court proceeding is opened.
Step 3: Determine Whether a Court Process Is Required (California Focus)
Not every estate requires a full probate proceeding.
In California, this depends on factors such as:
- The type of assets involved
- How those assets are titled
- The overall value of assets subject to probate
- The date of death (as laws and thresholds can change)
Some assets pass outside of probate entirely, including:
- Assets held in a trust
- Accounts with designated beneficiaries (like life insurance or retirement accounts)
- Certain jointly owned property
California also provides simplified procedures for certain smaller estates and, in some cases, for transferring a primary residence.
Because the rules can be nuanced and change over time, it’s important to evaluate the specific estate before determining what process applies.
Step 4: Petition for Appointment (If Required)
If a court process is required, you will typically need to be formally appointed before acting as executor.
This may involve:
- Filing the original will
- Submitting a petition for appointment
Once approved, the court issues documentation (often called “Letters Testamentary”) that provides legal authority to act on behalf of the estate.
Step 5: Identify and Secure Assets
Your responsibility is to locate and protect estate assets.
This may include:
- Real estate
- Bank and investment accounts
- Personal property
You may need to:
- Secure property
- Forward mail
- Notify financial institutions
At this stage, your role is to preserve and organize assets—not distribute them yet.
Step 6: Notify Beneficiaries and Address Claims
You will need to:
- Notify beneficiaries named in the will
- Address any valid claims or obligations of the estate
There are legal procedures and timelines that may apply, depending on the situation.
Step 7: Pay Debts, Expenses, and Taxes
Before distributing any assets, the estate must settle its obligations.
This may include:
- Outstanding debts
- Funeral and administrative expenses
- Final income tax filings
Important: Distributing assets too early can create personal liability for the executor.
Step 8: Distribute Assets According to the Will
Once obligations are addressed, you can distribute assets to beneficiaries as directed in the will.
This may involve:
- Transferring property titles
- Distributing funds
- Providing an accounting of actions taken
Step 9: Wrap Up the Estate
The final step is completing any remaining administrative requirements to formally wrap up the estate.
A Few Key Takeaways
- Your authority begins only after death—and possibly court appointment
- Not all assets go through probate or a court process
- Trusts can significantly change how assets are handled
- Careful record keeping is essential
- You don’t have to figure this out alone
Need Guidance After Being Named Executor?
Serving as an executor comes with real responsibilities, and the process can feel overwhelming—especially in the early stages.
At Herbert Law Office, we help families understand the estate planning documents in place, clarify what role an executor may have, and identify when additional legal or administrative support may be needed.
📞 Contact us today at (661) 273-9007 to schedule a free consultation.