Executors of Wills and their Duties | EstatePlanningLawFirms.com

It is vitally important for everyone to have a will, no matter what type it may be, but it is difficult for most people to fathom the fact that they will someday leave this planet. There are only two certainties in life; taxes and death. Anyone can become ill, injured, or pass away suddenly and having a will in place makes it easier on your family when it comes to dealing with your final wishes. When creating a will, another difficult decision in the process involves choosing who will be the wills executor or the executors of a will. It is legal for a Testator to name more than one person as their will executor.

Selecting a Will Executor

The following traits or characteristics should be considered when determining who will be the executor of your will:

Your choice needs no special skills or training
Your spouse, your sibling, your child (of legal age), your cousin, your aunt/uncle, a niece/nephew or a trusted family friend are legally allowed to be named as executor
The person appointed should be reliable and trustworthy
Your choice should be a person you know well and not someone you just met
Your choice should be responsible for their actions

When determining who will be the executor of your will you should consult with your attorney, who will be able to make the decision process a little bit easier. The executor should not be someone you consider an acquaintance or someone you barely know. The person chosen as executor should be someone that has the best interests of your heirs at heart.

The Duties of an Executor

The following is a list of duties that an executor must carry out during their time in charge of your will:

Pay debts of the estate
Pay taxes of the estate
Pay funeral costs of the testator
Pay other eligible expenses of the estate
Distribute the gifts of the estate to the heirs of the testator
File the appropriate forms with the Court to have the estate closed once all of the above is complete
They must perform any other duties as defined in the will by the testator

Execution of a Will

When it is time to execute a testator’s will the first step in doing so is to locate the will, which can be kept in the office of the testator’s attorney if he or she so wishes. The executor then must begin making funeral arrangements based on the instructions outlined in the will while also taking into account the wishes of the surviving family members. Once the funeral is complete, the executor must then distribute the property of the testator with the help of the testator’s attorney. Once the division of property is complete, the executor must file with the court to have the estate closed.

Legal Help for Will Executors

If your or a loved one has been named as the executor of a will, contact a wills and inheritance attorney immediately for expert legal counsel regarding your situation. The attorney will be able to answer your questions about the responsibilities of the job as well as the process of execution of a will.

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