A Tradition Of Excellence In Estate Planning, Wills And Trusts, Estate Administration And Guardianship Law Since 1975.

What does an executor do?

On Behalf of | Nov 26, 2024 | Probate Administration |

When a loved one passes away, handling their estate can be a daunting task. At the center of this process is a key figure: the executor. Appointed through a will or by a court, the executor plays a pivotal role in managing and settling the deceased’s estate. What tasks does an executor handle?

1. Initiating probate

The executor needs to file the will with the local probate court to initiate the probate process. This legal procedure validates the will and grants the executor the authority to act on behalf of the estate. Texas law sets a four-year deadline for probating a will.

2. Notifying everyone with an interest in the estate

The executor must tell everyone who has a stake in the estate, including people named in the will and any creditors. This notification is important because it lets these parties make any claims against the estate or understand what they will inherit.

3. Creating an inventory of the estate

One of the most detailed tasks is to gather and inventory the deceased’s assets. This list includes personal items, bank accounts, real estate, investments, and other valuables. The executor needs to assess these assets, sometimes getting appraisals, to figure out the estate’s total value.

4. Managing the estate’s finances

During the probate process, the executor must take care of the estate’s finances. This includes setting up a bank account for the estate, paying bills, and clearing any debts the deceased had. The executor also needs to file any required tax returns and pay any taxes owed.

5. Addressing debts

Before giving anything to the beneficiaries, the executor must pay all valid debts. These could be loans, credit card bills or medical expenses. They need to decide which claims are valid and use the estate’s assets to pay these debts.

6. Distributing the rest of the estate

After paying debts and taxes, the executor can give the remaining assets to the beneficiaries as the will directs. The executor must take care during this step to make sure each beneficiary gets what they are supposed to receive.

7. Closing the estate

Finally, the executor must officially close the estate in probate court. This means turning in all records of the executor’s work. The court checks everything to make sure the process followed legal rules and the will’s instructions. After the court’s approval, the executor’s job is done, and the estate is officially closed.

The role of an executor is both an honor and a hefty responsibility. It requires attention to detail, strong organizational skills, and a commitment to carrying out the wishes of the deceased. By understanding the duties involved in the probate process and approaching the role with diligence and care, executors can ensure that this process runs as smoothly as possible.