A person who is planning their estate and preparing for eventual probate may find themselves getting confused on the various individuals who play a part in the distribution of assets. There are a few important figures involved in Orange County probate and it is important to know each of their roles. Ask our experienced probate attorneys what should be done when naming a personal representative, executor, or administrator.
Who Is Eligible to Be a Personal Representative?
Generally, priority for becoming a personal representative is given to family members, specifically the surviving spouse, children, parents, and siblings, in that order. They are usually the parties who have an interest in the decedent’s estate. The personal representative is not required to live in the same city, state, or even country. The court might take their location into account for logistical reasons, but again, family members get priority.
Beyond this, specific qualifications are generally not necessary. Sometimes, the proposed representatives may need to pass a credit check if they need to purchase a bond against the estate.
Inability of the Representative to Carry Out Their Duties
If the representative in an Orange County probate does not want the responsibility, then they would not be petitioning to take on that role to begin with. If, in the process of applying, they decide they no longer want the responsibility, they can inform the court and apply for a substitution of the personal representative and to amend the probate petition to appoint somebody else.
Prospective representative should be aware of their duties throughout this process, so they can determine whether they would be the best fit. It might take some time to go through certain probate procedures and contact financial institutions about potential debts, so they should be prepared for the workload. Some personal representatives may also need to pay for certain services out of pocket first, and then get reimbursed later from the estate.
What Is an Executor?
An executor is named in a will and is usually somebody the will-maker trusts, likely another family member. There are no qualifications other than it must not be a minor. The executor may need to arrange for a funeral and burial arrangements for the will-maker and potentially petition for probate, if necessary. An executor does not need to be a blood relative; it can be a best friend or someone who they have known for a long time and implicitly trust. It is not common for an attorney to be executor since their drafting of the documents could be considered a conflict of interest.
Generally, the executor in an Orange County probate should have access to the decedent’s funds quickly as long as the decedent has the death certificate. This certificate usually takes a bit of time to acquire, but it is necessary for the executor to transfer funds out of a bank.
Estate planning lawyers would advise the executor to make a log and keep receipts of what expenses they made, so that the estate can reimburse the executor for any funds they paid out of pocket.
What Is a Trust Administrator?
An administrator can be seen as the trustee who is administrating the trust. This person would likely be in charge of distributing assets to beneficiaries who are named in a living trust.
More likely than not, a trust maker will name the same person to be both the executor and administrator trustee because a lot of the tasks may overlap. An executor is named in the will, a trustee is named in a trust, and administrator is likely also the trustee because they are determining how to distribute the decedent’s assets upon their passing.
If an administrator dies or resigns, an alternate trustee or administrator will be named. There will usually be more than one person listed on the document in case the first individual is a fraud or is somehow removed.
If there is a vacancy, the language of the document will typically state the majority of the adult beneficiaries should appoint a successor. When the beneficiaries are unable to come to an agreement to appoint a new successor, then the probate court will appoint a successor.
Discuss the Important Figures in Probate With an Orange County Attorney
The people you appoint in key roles will be responsible for continuing your legacy and following your wishes. Make sure you are keenly aware of how each of these important figures affects probate in Orange County. Call us to begin the process of outlining your testamentary documents.
