The executor is the person appointed to manage the estate of a deceased individual. This person may be named in the will or assigned by the court if no one was designated. In cases where there is no will, an administrator is appointed by the court to manage the estate. The person who has passed away is referred to as the decedent, and if they died without a valid will, the estate is considered intestate. This means the assets will be distributed according to California’s intestacy laws. Conversely, if there is a valid will, the decedent is said to have died testate, and their estate will be distributed as directed in the will.
Probate proceedings in California are governed by the Probate Code, and the process typically begins with a Petition for Probate—a formal request to open a probate case filed with the probate court. If an executor is appointed, they receive Letters Testamentary, authorizing them to act on behalf of the estate. If there is no will and an administrator is appointed, the court issues Letters of Administration to grant their authority. As part of the process, a Notice to Creditors must be issued, allowing creditors to make claims against the estate. Another key step is the Inventory and Appraisal, a detailed listing and valuation of the decedent's assets, which is often conducted by a probate referee—a court-appointed appraiser who evaluates non-cash assets.