The Executor’s Role During Probate
The executor serves a critical role in the probate process. An executor acts as the main point of contact between the grieving family and the probate court and manages the estate during the probate process. Whether you are determining who should be your estate’s executor, or you were appointed as the executor of someone else’s Will, it is essential to understand the key roles and responsibilities an executor holds during the probate process.
Naming an executor
The executor has many responsibilities and serves a significant role within the probate process. The executor must be responsible and ensure the deceased’s last wishes are carried out in ordinance with the will and the law. They must also be able to solve problems when issues regarding the estate come up. Due to the immense duties the executor performs, it is essential to discuss your intentions with the person you choose when creating your will.
Once a death certificate, will, and other documents are presented to the probate court, the executor will be given legal authority to execute the will. Below are the primary responsibilities an executor will be in charge of during the probate process.
Liaison between family and probate court
After the will is validated, the executor will become the primary contact between the probate court and the family, asking questions, attending meetings, and resolving issues. Therefore, it is crucial to choose an executor who is a close family member or friend who can communicate with the probate court and family members.
Notify beneficiaries and creditors
Beneficiaries have the right to know that they were included in someone’s will and it is the executor’s responsibility to inform them. After beneficiaries are notified, the executor will also tell creditors and agencies about the person’s passing. This may include credit card companies, lenders, government agencies, and financial institutions. Creditors will submit claims on the estate if they are owed funds from the deceased. During this time, the executor should also establish an estate bank account.
Manage and protect the estate
The executor is in charge of assessing the estate’s value, including personal assets, real estate property, and bank accounts. They must provide the probate court with an inventory of assets to determine the entire estate’s value. The executor will also keep the deceased’s property safe before distribution to beneficiaries. All debts and credits must be paid before assets are distributed, and the executor will ensure they are not distributed prematurely. Executors are also in charge of the care and maintenance of the deceased’s property, including maintaining landscaping and paying bills.
Disperse funds to beneficiaries
Once the estate’s value is assessed, the executor manages the distribution of funds to creditors, then to the beneficiaries. Executors may be held personally liable for fund mismanagement during probate, so executors must be able to follow all instructions. The executor uses the funds in the estate account to pay expenses like funeral and burial costs, credit card debts, and owed taxes. The executor is also in charge of filing the deceased’s final tax return.
The Boutty Law Firm: experienced probate attorneys
In the state of Florida, executors should seek counsel from a probate attorney when handling a deceased’s estate. The Boutty Law Firm and its experienced probate attorneys provide thoughtful guidance for executors during the probate process. Call our office at 407-622-1395 to speak with a probate lawyer today.