Primary duties of the Public Administrator

• Protect the decedent’s property from waste, loss, fraud or theft.
• Make arrangements for the disposition of the decedent’s remains.
• Conduct a thorough investigation to discover all assets.
• Ensure that the estate is administered according to the decedent’s wishes.
• Pay decedent’s bills and taxes.
• Ensure all estate benefits are applied for and received.
• Locate persons entitled to inherit from the estate and ensure that these individuals receive their inheritance.

In performing these functions, the Public Administrator is required to maintain a fully documented audit trail to make certain that each and every asset is accounted for and distributed.

Will the Public Administrator make funeral arrangements?

Yes. According to California law, the Public Administrator is required to make funeral arrangements if there is no relative to do so. The Public Administrator Deputy will also assist the family in making necessary funeral arrangements in cases where the Public Administrator acts as administrator. The Public Administrator will make arrangements in accordance with any pre-need plans of the decedent, the ability of the estate to pay, and the Probate Court policy as to the reasonable amount to be paid for these services out of estate assets.

Is the Public Administrator bonded?

Yes. The Public Administrator has an official bond and, by law, charges each estate a yearly bond fee for this coverage.

California law provides a statutory fee for the personal representative/administrator of an estate. The Public Administrator is allowed the same compensation as private administrators. The allowable fees are based on the value of the estate, computed as follows:

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
½% on the next $15,000,000
Amounts over $25,000,000 are to be determined by the court.

The Probate Code allows a minimum fee of $3,000.00 in smaller estates, paid from estate assets only. The law also provides for statutory attorney’s fees based on the same fee schedule as that of the administrator. The Court may also allow extraordinary fees to the administrator and his/her attorneys for services such as preparation of tax returns, sale of estate property, and litigation to collect assets or defend actions brought against the estate. The Probate Court must review and approve all requests for fees at the time the administrator presents a final accounting to the Court.