Help! I’ve Been Named Executor. Now What?
You get a phone call. Your aunt passed away. After a few tears and awkward small talk, someone tells you, “By the way, she named you as executor of her estate.” You pause. Smile politely. But inside, you're thinking: What the heck is an executor?
If you’re in San Diego, or anywhere in California, and you’ve suddenly inherited the title of “executor,” welcome to the club. No membership card, no orientation, just a hefty list of legal responsibilities that you probably weren’t expecting to land in your lap.
Tyler lives in Ocean Beach. Early 30s, works in marketing, zero legal experience. He was close to his Aunt Barbara, the artsy, opinionated type who made killer sangria and never missed a birthday. What he didn’t know was that she had named him as the executor in her will, assuming his tech-savviness would help streamline “whatever boring paperwork needed to be done.”
Turns out, it wasn’t just paperwork. There were five bank accounts, two properties (one in La Jolla, the other in a small mountain town he’d never heard of), three adult children who didn’t exactly get along, and a collection of antique ceramics that one niece was convinced was worth six figures.
So what exactly does an executor do?
In plain English: you’re the person responsible for making sure the deceased’s estate is properly handled. That means
collecting their assets, paying their debts, handling taxes, and distributing what’s left to the rightful heirs. It might sound simple, but this isn’t a Venmo-and-done situation. In most cases, especially when real estate or family tension is involved, probate court is part of the process.
And let’s be real, probate in California is not for the faint of heart. Without guidance, it can stretch out for 9–18 months, involve complex paperwork, and put you at risk for personal liability if things go sideways. That’s where working with a probate lawyer in San Diego becomes essential.
One of the first things Tyler did right? He called a San Diego estate planning attorney, someone who knew the probate courts downtown, understood the complexities of California’s system, and wasn’t going to talk to him like he had a JD from Stanford. Together, they mapped out a clear checklist.
They notified the court and got formal approval for Tyler to to act as executor. They filed the necessary documents. They inventoried the estate — and no, the ceramic owl collection was not worth six figures (just sentimental value). They paid off credit card debt, closed accounts, managed the sale of one property, and transferred the other to a named beneficiary.
It wasn’t easy, but it wasn’t a disaster, and that’s a huge win.
Here’s what most people don’t realize: being named an executor is a legal responsibility, not an honorary title. You’re expected to act in the best interests of the estate. If you mishandle funds, delay distributions, or fail to communicate with heirs, you can be held personally liable.
So if this just happened to you, breathe. And then do this:
- Find the will.
- Contact a probate attorney.
- Don’t start moving money around.
- Keep receipts. All of them.
- Communicate clearly with heirs.
If this sounds overwhelming, it’s because it is, but you’re not supposed to do it alone. At Peaceful Warrior Law, we walk new executors through the process step-by-step. We’ve helped adult children in Point Loma navigate estates with multiple properties, business partners in Pacific Beach deal with tangled assets, and first-time executors from La Mesa who had no clue what probate even meant before calling us.
If you’ve been named executor, you’re doing something honorable. You’re closing a chapter for someone who trusted you. But that doesn’t mean you have to be the hero who does it all without guidance.
Whether the estate is straightforward or messy (spoiler: most are at least a little messy), our job is to help you stay sane, stay legal, and stay out of hot water. You’ve got enough on your plate. Make sure to reach out to a San Diego Estate Planning Attorney.
This article is a service of Brittany Cohen, Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.
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