What Duties Do Executors Carry Out?

Executors have a lot on their shoulders. From locating and taking control of the decedent’s assets to filing final income tax returns, the probate process is full of legal duties.

But what exactly are these duties? What do executors have to oversee?

Responsibilities to the estate and decedent

As Executor.org states, executors have numerous duties and responsibilities during the course of their work.

First, they have to maintain the estate and carry out the wishes of the decedent to the best of their ability, or if there is no will, administrators have to follow legal prescriptions for administering an estate. This can include finding beneficiaries, locating assets, and distributing bequests to beneficiaries, among many other things.

Executors and Administrators must also file the decedent’s final income taxes, using assets from the estate to make this payment.

Executors must also pay outstanding bills and debts, and in some cases may need to challenge what appear to be unjust creditor claims.

Responsibilities to creditors

If the decedent had any outstanding debts before their death, the Executor must notify the known and reasonably ascertainable creditors and pay them. This may include personal loans, credit cards, and even taxes.

These debts should always be paid out of the estate property. An experienced probate attorney can help you through the formal creditor’s process where you can decide whether debts are just and either pay the debts in full, in part, or not at all. Creditors may also challenge your decision if you do not think a debt is fully justified.

Responsibilities to beneficiaries

After payment of debts and other expenses, the Executor must distribute the decedent’s assets in accordance with the terms of the decedent’s will. NB: In some cases, beneficiaries may agree to an alternative distribution. In most cases the distribution occurs after an Executor petitions the court to demonstrate that all obligations have been carried out and the estate is ready to be distributed to the beneficiaries.

The Executor will carry out numerous other tasks in between starting the probate and making the final distributions, making it crucial for a potential executor to understand what they’re getting into before they agree to take on this responsibility. An experienced probate attorney can help guide you through this process.