Palmer Rodak & Associates
Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal SpecializationServing your Community for 19 Years
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Detailing the responsibilities of a personal representative

Being asked to serve as the personal representative of the estate for a family member or friend in Oceanside is an awesome responsibility. Like many of those that we here at Palmer Rodak and Associates have assisted over the years, you may not feel up to the task. Your loved one is placing a great deal of trust in you by asking you to assume the role, and he or she obviously feels confident in your ability to complete it. Yet before you make a decision one way or the other, you should understand the responsibilities that come with it. 

The duties and liabilities of a personal representative can be found in Sections 9600-9601 of the California Probate Code. In terms of your responsibilities, the law simply states that you are to manage the estate using "ordinary care and diligence." While no information is given regarding specific duties, some of the tasks assigned to you as a personal representative may include: 

  • Filing a copy of your loved one's will with the probate court
  • Dealing with the decedent's creditors
  • Cataloging all of the estate's assets
  • Managing the estate property (until it is distributed)
  • Filing taxes for the estate
  • Representing the estate in legal matters

Assistance is available to you to help complete those tasks that you are not familiar with.

If, in executing the duties of the estate's personal representative, you are accused of breaching your fiduciary duty, you could be held responsible for any loss of the estate's value, as well as any profits that the estate would have made otherwise. However, if you are able to show that you have continually acted in good faith, you cannot be held liable for any such losses.

You can find out more about the duties of a personal representative here on our site.  

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Palmer Rodak & Associates
Certified Family Law Specialists State Bar of California Board of Legal Specialization

Del Mar Office
445 Marine View Ave Ste 300
Del Mar, CA 92014

Phone: 858-356-4568
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Oceanside Office
301 Mission Avenue Suite 205
Oceanside, CA 92054

Phone: 760-712-3889
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