DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE
When the court appoints you as personal representative of an estate, you become an officer of the court and assume
certain duties and obligations. An attorney is best qualified to advise you about these matters. You should understand the
following:
MANAGING THE ESTATE'S ASSETS
Prudent investments
You must manage the estate assets with the care of a prudent person dealing with someone else's property. This
means that you must be cautious and may not make any speculative investments.
Keep estate assets separate
You must keep the money and property in this estate separate from anyone else's, including your own. When you
open a bank account for the estate, the account name must indicate that it is an estate account and not your
personal account. Never deposit estate funds in your personal account or otherwise mix them with your or anyone
else's property. Securities in the estate must also be held in a name that shows they are estate property and not your
personal property.
Interest-bearing accounts and other investments
Except for checking accounts intended for ordinary administration expenses, estate accounts must earn interest. You
may deposit estate funds in insured accounts in financial institutions, but you should consult with an attorney before
making other kinds of investments.
Other restrictions
There are many other restrictions on your authority to deal with estate property. You should not spend any of the
estate's money unless you have received permission from the court or have been advised to do so by an attorney.
You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond.
Without prior order of the court, you may not pay fees to yourself or to your attorney, if you have one. If you do not
obtain the court's permission when it is required, you may be removed as personal representative or you may be
required to reimburse the estate from your own personal funds, or both. You should consult with an attorney
concerning the legal requirements affecting sales, leases, mortgages, and investments of estate property.
INVENTORY OF ESTATE PROPERTY
Locate the estate's property
Determine the value of the property
You must arrange to have a court-appointed referee determine the value of the property unless the appointment is
waived by the court. You, rather than the referee, must determine the value of certain "cash items." An attorney can
advise you about how to do this.
File an inventory and appraisal
Within four months after Letters are first issued to you as personal representative, you must file with the court an
inventory and appraisal of all the assets in the estate.
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE
(Probate)
Form Adopted for Mandatory Use
Judicial Council of California
DE-147 [Rev. January 1, 2002]
Probate Code, § 8404
You must attempt to locate and take possession of all the decedent's property to be administered in the estate.
DE-147
a.
b.
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d.
a.
b.
c.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
ESTATE OF (Name):
DECEDENT
FOR COURT USE ONLY
CASE NUMBER:
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE
and Acknowledgment of Receipt
1.
2.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):