An executor is the person named by the person who made the will (the testator) to carry out the terms and provisions of his or her will. In addition to locating documents left by the testator (i.e., wills, trusts, deeds, etc.) and notifying Social Security, pension providers, annuity providers, and other entities of the death, the executor has numerous other legal responsibilities, including:

• Initiating the probate of the will;
• Collecting and inventorying the testator's assets;
• Collecting debts owed to the estate;
• Distributing assets to the beneficiaries of the will; and
• Closing the estate.

These responsibilities can be daunting and time-consuming, so many, if not all executors hire an attorney to assist them. The attorney - and the executor - are generally compensated out of the estate itself. If you have been named the executor of an estate, contact a probate and estate administration attorney to discuss your role and the estate administration process.

Initiate Probate

It is the executor's duty to open up the estate and to begin probate proceedings. Typically, an executor who is not an attorney will hire an attorney to represent the estate during the probate process, to provide the required notices to interested parties and potential creditors, to obtain required documents (such as the death certificate and an original copy of the will), to deal with will challenges, and to close the estate. Attorney costs for representing the estate, like executor fees, are charged against the estate.

Inventorying Assets

The executor is also responsible for doing an inventory of the assets of the estate. All probate assets should be determined. Also, it may be necessary to have certain assets of the estate (such as jewelry or collectibles) appraised.

Collecting Debts Owed to the Estate

The executor should check with the decedent's former employer to determine whether there is any unpaid salary or benefits that are owed. The executor must also identify outstanding debts owed to the estate and pursue collection of those debts. Expenses involved in the collection of the debits (e.g., hiring a collection agency to collect debts) are charged to the estate.

Paying Claims Against the Estate

Once the will is determined to be valid by the probate court, the executor may begin to pay taxes and other claims against the estate. While paying creditor claims is a task that can easily be handled by a non-attorney executor, paying taxes on behalf of the estate and of the decedent are often best left to an attorney hired for the probate and administration process.
Distributing Assets to Beneficiaries and Closing the Estate

Once all the creditor claims against the estate have been settled, the executor can then distribute the remainder of the estate to beneficiaries in accordance with the terms of the will. When all the creditors have been paid and the remainder of the estate has been distributed to the beneficiaries, the estate can be closed and the executor can released from any further duties on behalf of the estate. A court will close the estate upon receiving:

• Copies of notices to concerned parties;
• Copies of payments to creditors of the estate; and
• Evidence that remaining assets of the estate have been distributed.

Conclusion

Any person over the age of 18 can be named an executor of a will, provided that the person has not been convicted of a felony, and often times a family member or close friend is chosen to serve. However, settling an estate, even a simple one involves numerous details and technical requirements that are often best left to an attorney. If you have been appointed as an executor of an estate, contact an attorney experienced in probate and estate administration to ensure a thorough and professional handling of the probate process.

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