If you’ve ever dealt with estate planning or the probate process, you’ve probably heard the terms “personal representative” and “executor.” They both have to do with handling a deceased person’s estate, but what do they actually mean? Are they the same thing? And if not, which one applies to you?

A Personal Representative in Estate Law

A personal representative is the person responsible for managing a deceased person’s estate. This means gathering assets, paying debts, and distributing what’s left to the beneficiaries. Their job includes:

  • Collecting and securing the deceased’s property (bank accounts, real estate, personal items, etc.).
  • Paying off outstanding debts, funeral expenses, and taxes.
  • Filing final tax returns.
  • Distributing assets according to the will—or if there’s no will, according to California law.

A personal representative must act in the best interests of the estate and its beneficiaries, meaning they have to handle everything fairly and honestly. They also have to keep family members, creditors, and the court updated throughout the process.

What Executors and Personal Representatives Have in Common

At their core, both an executor and a personal representative have the same responsibility: making sure the deceased’s estate is properly handled. Both roles require someone who is responsible, organized, and able to communicate effectively with heirs, creditors, and the court.

An experienced estate planning lawyer, like the ones at Best Coast Estate Law, PC, can help you designate which one is best for your unique circumstances.

The Differences of an Executor and Personal Representative

1. The Title Depends on Whether There’s a Will

  • Executor – If the deceased left a valid will, the person named to manage the estate is called an executor.
  • Personal Representative – If there is no will (intestate estate) or if the named executor cannot serve, the court appoints a personal representative.

Basically, all executors are personal representatives, but not all personal representatives are executors.

2. How They Are Appointed

  • Executors are named directly in the will. The court usually approves them unless there’s a legal issue.
  • Personal representatives are appointed by the probate court when:
    • There is no will.
    • The named executor declines or is unable to serve.
    • There is a dispute over who should serve.

3. Who Gets Priority to Be a Personal Representative?

If no executor is named, California law decides who gets priority to handle the estate. The order can be:

  1. Surviving spouse or domestic partner
  2. Children
  3. Grandchildren
  4. Parents
  5. Siblings
  6. Other relatives

If there’s disagreement over who should serve, the court can step in—and sometimes, it can lead to legal disputes that delay the process.

4. Executor vs. Administrator

  • An Executor follows the will’s instructions.
  • An Administrator follows California’s intestacy laws (if there’s no will).

Both roles perform the same basic duties, but an administrator must distribute assets according to state law instead of the deceased’s personal wishes.

The Probate Process in California

Whether you’re an executor or a personal representative, you’ll likely have to go through probate—the court-supervised process of settling an estate. Probate in California can be difficult, time consuming, and costly. An experienced estate attorney can help avoid probate and make sure your assets go to the right person, and place.

What’s the Difference Between a Personal Representative and Executor?

California Estate Planning Tips

An experienced trust and estate lawyer should be your first call when creating your estate plan. They have the legal knowledge that the average person does not and know what to include in a legal estate plan that protects everyone involved.

An estate planning attorney can help you:

1. Name an Executor in Your Will – This prevents the court from appointing someone for you. 

2. Pick Someone Responsible – Your executor doesn’t have to be a legal expert, but they should be organized and able to handle financial matters. 

3. Name a Backup – If your first choice can’t serve, a backup executor avoids delays. 

4. Use a Living Trust to Avoid Probate – A properly funded revocable trust means no executor or personal representative is needed. Instead, a successor trustee takes over. 

5. Keep Your Estate Plan Updated – If your named executor moves away, becomes incapacitated, or passes before you, update your will accordingly.

Choosing an executor in advance makes things easier for your loved ones. If you’re handling a loved one’s estate, understanding these roles will help you navigate the probate process.

At Best Coast Estate Law, P.C., we help Californians create solid estate plans that protect their assets and ensure their wishes are carried out. Whether you need a will, a trust, or guidance on probate, we’re here to help.

Ready to get started? Contact us today for a consultation!


Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Brittany Britton is licensed to practice law in the state of California only