Being named executor in someone’s will is an honor that comes with serious responsibilities. You’re being entrusted to manage someone’s final affairs, settle their debts, and distribute their life’s savings to loved ones. The process involves court filings, legal deadlines, and potential personal liability if mistakes happen.
Our friends at Hirani Law guide executors through probate every day, helping them fulfill their duties while avoiding the pitfalls that create problems. A probate lawyer provides both legal knowledge and practical support during a process that can feel overwhelming, especially while you’re grieving.
Probate Is A Court-Supervised Process
Probate is the legal procedure for settling a deceased person’s estate under court supervision. The court validates the will, oversees asset distribution, and confirms that debts and taxes get paid before beneficiaries receive inheritances.
Not every estate requires probate. Some assets transfer outside of probate through beneficiary designations, joint ownership, or trust arrangements. But if the deceased owned solely-titled property or accounts above your state’s small estate threshold, probate becomes necessary.
The process protects both creditors and beneficiaries by providing oversight and requiring accountings. This supervision also creates paperwork, deadlines, and formality that executors must follow precisely.
You Can Decline The Appointment
Just because someone named you executor doesn’t mean you must serve. You can decline the appointment, especially if you live far away, have health issues, lack time, or simply feel unqualified for the responsibility.
Declining doesn’t reflect poorly on your relationship with the deceased. It’s better to recognize your limitations upfront than to accept the role and do it poorly or abandon it midway through.
If you decline, the court appoints an alternate executor named in the will or, if none exists, selects someone according to state law priority lists that typically favor family members.
Probate Takes Longer Than Most People Expect
Television shows resolve estates in a single episode, but real probate typically takes six months to two years. Complex estates with business interests, disputes, or tax issues can stretch even longer.
The timeline depends on several factors:
- Estate size and asset complexity
- Whether anyone contests the will
- Creditor claim periods under state law
- Tax return requirements and audits
- Court scheduling and local procedures
- Efficiency of the executor and attorney
We set realistic expectations about timing and keep the process moving as efficiently as possible while meeting all legal requirements.
You Have Personal Liability For Mistakes
Executors have fiduciary duties to act in beneficiaries’ best interests, follow the will’s terms, and comply with state law. Breach these duties and you can be held personally liable for losses the estate suffers.
Common mistakes that create liability include paying beneficiaries before settling all debts, selling assets below market value, mixing estate and personal funds, or favoring some beneficiaries over others.
According to the American Bar Association, executor liability claims are increasing as beneficiaries become more aware of their rights. Professional guidance helps you avoid these costly errors.
You Must Notify All Interested Parties
State law requires executors to notify beneficiaries, heirs, and creditors about the probate proceeding. Missing someone or using improper notification methods can invalidate the entire process.
Beneficiaries named in the will must receive notice, but so must heirs who would inherit under state law if no will existed. These intestate heirs have standing to contest the will even if it leaves them nothing.
Creditor notification involves both direct notice to known creditors and published notice in local newspapers for unknown creditors. These notifications start claim periods that eventually cut off creditor rights to pursue the estate.
Estate Assets Must Be Inventoried And Appraised
You must identify, locate, and value all estate assets within statutory deadlines. This inventory gets filed with the court and provided to beneficiaries, creating a public record of estate holdings.
Valuation can be straightforward for bank accounts but complex for real estate, business interests, collectibles, or intellectual property. Professional appraisals are often necessary and always recommended for high-value items to protect against beneficiary challenges.
The inventory date matters for tax purposes. Estate assets receive a stepped-up basis to fair market value at death, which affects capital gains taxes when beneficiaries eventually sell inherited property.
You’re Entitled To Compensation
Executor work is time-consuming and stressful. State law provides compensation, though the amount and calculation method varies by jurisdiction.
Some states use percentage formulas based on estate value. Others allow “reasonable compensation” determined by the work involved and the estate’s complexity. Many wills specify executor fees, though these provisions must still comply with state law maximums.
You can waive compensation, which some family member executors do to avoid income tax on fees. But understand that executor fees are legitimate expenses that reduce the taxable estate.
Professional Help Protects Everyone
Executors aren’t expected to know estate administration law. You’re allowed and encouraged to hire attorneys, accountants, and other professionals using estate funds.
Professional fees reduce the amount beneficiaries ultimately receive, which sometimes causes complaints. But proper legal guidance actually protects beneficiaries by preventing mistakes that could cost the estate far more than attorney fees.
We handle court filings, creditor negotiations, tax returns, and legal issues while keeping you informed and involved in major decisions. This division of labor lets you focus on family needs while we handle technical requirements.
Getting Started With Probate Administration
Understanding your responsibilities as executor helps you make informed decisions about whether to serve and how to proceed. The role carries real obligations, but it’s manageable with proper support and guidance.
If you’ve been named executor or are currently serving in that capacity, contact our office to discuss how we can help. We’ll explain the specific requirements in your jurisdiction, handle the legal aspects of estate administration, and protect you from the personal liability that comes with this important responsibility.