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What are the duties of an executor?

On Behalf of | May 1, 2024 | Probate Administration |

The executor’s job is very important and comes with many responsibilities when managing someone’s estate after they have passed away. This executor has many tasks to fulfill, and they must always make decisions for the good of the person who died and the people who will receive something from the estate.

Understanding the executor role

An executor is the designated person whom someone chooses in their will to handle everything that needs to be done with their property and money after they die. This executor has the job of making sure the person’s belongings are taken care of and given to the right people while following all applicable laws.

Key duties of a fiduciary executor

  • Handling the will: The executor must start the official court process of probate. They need to submit the will to court, list all the items and property the person who died owned, pay off any debts and taxes, and then give what’s left to the people named in the will.
  • Looking after the property: While the will undergoes processing, the executor has to take good care of the deceased person’s property. This means keeping it safe, keeping track of all money matters, and making smart choices about any investments to help the estate and those who will inherit.
  • Talking to the heirs: The executor must regularly inform the people who will inherit from the will about what’s happening with the estate. They must answer any questions and resolve any issues or disagreements that arise.
  • Being loyal and honest: The executor has to be completely loyal and honest with the estate and the heirs. They can’t use the situation for personal gain and must make choices that are best for the estate and the heirs.
  • Following the law: The executor has to make sure everything they do follows the law. This includes doing all the necessary paperwork like tax returns, getting court permission when needed, and meeting all the deadlines set by the court.
  • Distributing property: After the court settles the will, the executor gives out the remaining items and property to the heirs as the will says. This could involve transferring ownership of houses or land, giving out money, and filling out any last legal papers to finish up the estate.

Seeking guidance

Being an executor is a tough job. It involves knowing a lot about estate law and paying close attention to small details. Because the role is complex and can result in legal consequences, those who are executors often need help from lawyers who are knowledgeable about estate planning. Being an executor of a will is a grave responsibility, as is choosing the right person to administer your estate.