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How To Work Alongside A Loved One's Executor

4 May 2022

Deann Miles

After a death in the family, it can be a bit off-putting but also a bit comforting to find out that your loved one appointed an executor to administer the will. As a family member and probable beneficiary, it's in the estate's best interest to pay attention to the actions of the executor and watch over things. To find out more about what to look out for, read on.

Executor Powers

Executors, or personal representatives, are tasked with guiding the will through probate along with the probate lawyer the family hires. They have no power or official duties until the probate court approves their role, which is often its first action once the will is filed. Before they are approved, they might be required to post a bond. That covers the estate if the executor takes property for themselves and fails to carry out the wishes of the deceased. You should realize that even if your loved one did not leave a will, the estate will still be probated in most cases. The court will appoint an executor (or administrator) just as if there was a will.

Common Executor Duties

Below are the usual duties of an executor during probate:

1. Do an inventory of the estate along with valuing estate items like real estate, vehicles, bank accounts, and more. This inventory must be submitted to the probate court, and you should ask for a copy. If you disagree with the inventory, speak to the estate lawyer.
2. Keep estate property safe. Don't be offended or surprised if you are not permitted to access the estate during probate. The executor must safeguard all estate property and that means keeping it away from those who want to take their inheritance prematurely. It also must be kept in good repair. For example, repairs should be made when necessary, storage bills paid on time, and other safekeeping actions.
3. Pay certain bills of the estate as ordered by the probate lawyer.
4. Make a full accounting of any estate property sold, bills paid, and other financial transactions.
5. Ensure that beneficiaries receive their inheritances when the probate court gives the go-ahead.

Working With Family

Good executors keep the family informed about all actions and court activity. They should never act on their own but only with instructions from the probate lawyer or the court. If you notice that you are not being kept informed about the estate, speak to a probate lawyer of your own choosing to find out what your rights as a family member are.

To find out more, speak to a probate attorney.

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