QUESTION
Once a will is probated and the estate is settled, does the executorship still exist?
Asked on Jan 31st, 2014 on Estate Planning - Washington
18 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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No. After you file the Final Account and make distributions pursuant to that account, you get receipts from the distributees and file a Judgment Closing the Estate and Discharging Personal Representative. That's it. So, before filing that final judgment, you need to be sure that every step you need to take as PR has been taken. The sole exception is filing tax returns. The IRS will feel that the PR has the duty to file the returns regardless, so if you served as PR and administered the estate, you file as PR even if, formally, that estate is closed. BTW, this answer is Oregon law, as your question posted in the Oregon section it seems odd you use the term "executorship."
Answered on Feb 05th, 2014 at 7:31 AM
Not once the final order is carried out and the executor has releases from all of the beneficiaries and creditors.
Answered on Feb 05th, 2014 at 7:30 AM
No.. once the will is probated AND the accounting completed including the court sign off... executor is done.
Answered on Feb 05th, 2014 at 7:29 AM
Usually the executorship lasts an additional number of months after the closing in case any issues arise. Check your state statutes to determine how long that time period is.
Answered on Feb 05th, 2014 at 7:29 AM
The executorship only exists until the court appoints a personal representative or administrator of the Will. It has only very limited powers.
Answered on Feb 04th, 2014 at 5:46 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, so long as the order of distribution has been completed by the executor.
Answered on Feb 04th, 2014 at 5:45 AM
Edwin K. Niles
The final order should include an order discharging the executor upon filing receipts.
Answered on Feb 04th, 2014 at 5:44 AM
2 Awards
Yes until a Declaration of Discharge is filed with the court relieving the executor of his/her duties.
Answered on Feb 04th, 2014 at 5:44 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Yes, until the executor is formally discharged by the court.
Answered on Feb 04th, 2014 at 5:43 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If everything is gone, there is no reason for the estate to be open. Having said that, it may exist in name only if the paperwork has not been filed to close the estate.
Answered on Feb 04th, 2014 at 5:43 AM
No, once settled and all documents filed as necessary, the estate is over. The exception is if the estate is closed informally, the Personal Representative's duties remain for another 12 months after an informal closing.
Answered on Feb 04th, 2014 at 5:42 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not but the details are necessary to form an opinion..
Answered on Feb 04th, 2014 at 5:42 AM
3 Awards
Until discharged by the court, yes.
Answered on Feb 04th, 2014 at 5:41 AM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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The executor's role ends when the estate is closed. The order?should include verbiage that the executor is released from any further obligation.
Answered on Feb 04th, 2014 at 5:41 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Once the estate is closed, the personal representative's authority technically extends for 1 year from that date. Practically speaking, after the estate is closed, there should be nothing left for the personal representative to do. Otherwise, the estate should not have been closed in the first place. If the estate is open, then the PR clearly has authority to act.
Answered on Feb 04th, 2014 at 5:41 AM
Thomas Edward Gates
No, after the probate is ended, the Executor is discharged.
Answered on Feb 04th, 2014 at 5:40 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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After the settlement of the estate the last matter is to obtain an order of discharge that relieves the representative of his duties and closes the estate.
Answered on Feb 04th, 2014 at 5:40 AM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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What do you mean by estate is "settled". A probate estate has an opening and a closing. When the estate is closed, the court will enter an Order of Discharge. Once that happens, then the executorship no longer exists.
Answered on Feb 04th, 2014 at 5:40 AM