DE-147 - Duties and Liabilities of Personal Representative

Summary

Duties and Liabilities of Personal Representative

Text

Form ID: DE-147
Title: Duties and Liabilities of Personal Representative
Effective Date: 2002-01-01
Mandatory Form: yes
Info Page: https://selfhelp.courts.ca.gov/jcc-form/DE-147
Primary Download URL: https://www.courts.ca.gov/documents/de147.pdf
Form Detail Page:
Duties and Liabilities of Personal Representative
(DE-147)
Explains the duties of a personal representative of an estate (the executor of the deceased person’s will or the administrator appointed by the court to manage the estate of a deceased person who did not have a will) and what can happen if a personal representative does not fulfill those duties. People who have asked the court to be appointed as a personal representative also use this to tell the court they have received a copy of Duties and Liabilities of Personal Representative (DE-147).
Get form DE-147
Effective: January 1, 2002
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How-to instructions for Probate
PDF Text:
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.    
c.    
d.    
a.    
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Page 1 of 2
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):

CONFIDENTIAL INFORMATION:  If required to do so by local court rule, you must provide your date of birth and driver's     
license number on supplemental Form DE-147S. (Prob. Code, § 8404(b).)
NOTICE: 
File a change of ownership
At the time you file the inventory and appraisal, you must also file a change of ownership statement with the county  
recorder or assessor in each county where the decedent owned real property at the time of death, as provided in  
section 480 of the California Revenue and Taxation Code.
NOTICE TO CREDITORS
You must mail a notice of administration to each known creditor of the decedent within four months after your appointment 
as personal representative. If the decedent received Medi-Cal assistance, you must notify the State Director of Health  
Services within 90 days after appointment.
INSURANCE
You should determine that there is appropriate and adequate insurance covering the assets and risks of the estate.  
Maintain the insurance in force during the entire period of the administration.
Keep accounts
You must keep complete and accurate records of each financial transaction affecting the estate. You will have to  
prepare an account of all money and property you have received, what you have spent, and the date of each  
transaction. You must describe in detail what you have left after the payment of expenses.
Court review
Your account will be reviewed by the court. Save your receipts because the court may ask to review them. If you do 
not  file your accounts as required, the court will order you to do so. You may be removed as personal representative 
if you  fail to comply.
CONSULTING AN ATTORNEY
If you have an attorney, you should cooperate with the attorney at all times. You and your attorney are responsible for  
completing the estate administration as promptly as possible.  When in doubt, contact your attorney.
This statement of duties and liabilities is a summary and is not a complete statement of the law.  
Your conduct as a personal representative is governed by the law itself and not by this summary.
ACKNOWLEDGMENT OF RECEIPT
I have petitioned the court to be appointed as a personal representative.
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE 
(Probate)
Page 2 of 2DE-147 [Rev. January 1, 2002]
RECORD KEEPING
d.    
a.    
b.    
If you fail to perform your duties or to meet the deadlines, the court may reduce your  
compensation, remove you from office, and impose other sanctions.
2.    
I acknowledge that I have received a copy of this statement of the duties and liabilities of the office of personal 
representative.
My address and telephone number are (specify):
3.  
4.  
5.  
6.
1.  
1.  
2.    
3.    
CASE NUMBER:
(SIGNATURE OF PETITIONER)
(SIGNATURE OF PETITIONER)
ESTATE OF (Name):
DECEDENT
Date:
(TYPE OR PRINT NAME)
Date:
(TYPE OR PRINT NAME)

Retrieval chunks

• #1

  Form ID: DE-147 Title: Duties and Liabilities of Personal Representative Effective Date: 2002-01-01 Mandatory Form: yes Info Page: https://selfhelp.courts.ca.gov/jcc-form/DE-147 Primary Download URL: https://www.courts.ca.gov/documents/de147.pdf Form Detail Page: Duties and Liabilities of Personal Representativ…

• #2

  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,…

• #3

  section 480 of the California Revenue and Taxation Code. NOTICE TO CREDITORS You must mail a notice of administration to each known creditor of the decedent within four months after your appointment as personal representative. If the decedent received Medi-Cal assistance, you must notify the State Director of Healt…