Most executors set out to do their best. They want to honor the person who named them executor in the will and want to ensure the will and the law are followed so the beneficiaries receive their distribution from the deceased’s estate.
The executor role is an important one. An executor has a fiduciary duty. This means an executor has a legal responsibility to execute their responsibilities in the best interest of the beneficiaries, and not engage in self-serving actions that are not allowed by law. It’s a complex process, involving 15 primary duties for an executor, but typically more than 100 tasks to complete.
An effective executor has the power to properly guide an estate through the probate process efficiently, communicating well with the beneficiaries, the estate attorney and the probate court, ultimately settling the estate and completing the executor role. An ineffective executor has the power to hinder the probate process moving forward, and if the executor does not act in good faith, could even be held legally responsible for failure in the executor duties.
The executor role has many tasks that must be completed. Each person who holds the executor role will have their own way of doing things. This may frustrate a beneficiary because the executor’s way of doing things is not how the beneficiary would have done things if they were in the role. But the beneficiary should remember the executor was appointed to the role by the will-writer and should give the executor some grace and patience in the execution of the executor role. The executor does not have power to break the law, to take steps to create financial gain for themselves at the expense of other beneficiaries, or fail to follow the will or the instructions of the probate court. If you believe the executor is in breach of their requirement to act in good faith, you should seek assistance.
It is important for you to understand however, that the executor may be compensated for their duties. There are state-by-state guidelines for executor compensation that will give you insight on this topic.
Executor.org is designed to assist executors with every step in the executor duties. We also provide helpful tips for assembling a great team to assist with every aspect of the estate. An executor is never alone in the execution of their duties, and with the right people beside them, the executor can successfully complete the estate administration.