Probate Law: Should You Accept The Responsibility Of Being An Executor?

When a loved one dies, you may get some unexpected news: you have just been chosen as the deceased person's executor. An executor has a big responsibility, as they are responsible for finding that person's assets and managing them until they can be given to those inheriting them. It can be anything from looking through their securities and insurance policies, to selling off real estate. You do have a choice about whether or not you want to be their executor, but before you agree or decline, there are some things you should know. Here is more information about being chosen as an executor.

Who is legally able to serve as executor?

For the most part, any adult who is named by the deceased in their will can be the executor of the estate. However, in some states, there are some restrictions. For example, some states will not allow a named executor to remain in this position if they have committed a felony. Other states have special requirements as well, looking at the person's background, seeing if they have ever been convicted of other crimes, and finding out their relation to the deceased.

What skills do you need to be executor?

Your loved one may have seen qualities in you that they felt would make a good executor for their estate. So what qualities are these? A good executor will be very well organized, honest and upfront. They must also pay great attention to detail and be extremely patient. If probate is necessary, it can be a long and arduous process. It helps to have someone that is patient and willing to see the entire process through to the end. If you have no experience with probate and estate planning, you can consult a probate attorney who will help you be the best executor you can be.

What if you're not sure if you want to be executor?

Remember that you do not have to accept the position as executor, but once you do, you should try and not back out. Before you make that decision, here are some things to think about:

The executor job depends on the estate – If you know your loved one only has one home they owned and modest assets, being an executor of their estate won't be too difficult. However, if you were made the executor of a large estate with complicated finances and investments, expect to have a bigger job on your hands.

You can get legal help – Many executors have no experience with estates, and therefore are tempted to say no right away. Keep in mind that you are able to get legal help from an attorney specializing in wills, estates, and probate. They can guide you through the entire process and let you know what is expected of you.

The property may be yours – In some cases, the executor is also a major inheritor, such as if the deceased was your parent. This is a good reason to say yes to being executor, since a good portion of the property is already going to you. You also need to disburse other assets and property, but it's good to be in control of your own inheritance.

Talk to experts like Flaccus Law for more information.


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