QUESTION
What are the duties of an executor and when do I get to see the will of the estate I just inherited?
Asked on Feb 11th, 2013 on Estate Planning - California
16 ANSWERS
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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You need to consult with an attorney. If you are named "executor" (in Michigan the title is "Personal Representative") - in the will, then your attorney should advise you of your duties - Michigan even has a court form that sets these out. You obviously don't have the will - but seem to know that there is one - so again, I'd say meet with an attorney (probate) and seek their professional advice.
Answered on Feb 13th, 2013 at 6:34 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You need to make sure the directions in the will are carried out, you need to open an estate with the Register of Wills if needed and follow the filing requirements. If you know there is a will and you are the executor, hopefully the decedent told you where the will is.
Answered on Feb 12th, 2013 at 2:30 PM
In Colorado, the Personal Representative (what Colorado calls an Executor) has the duties to administer the decedent's estate. These duties are numerous and the Colorado Bar Association has an excellent discussion of these on their website: www.cobar.org which I suggest you check out. The decedent's Will is a matter of the public probate file and you can review the file at the Court unless it has been sealed by Court Order.
Answered on Feb 12th, 2013 at 2:29 PM
The executor's primary duty is to settle the estate: to local the will and submit it to the probate court, to collect all of the assets, notify the creditors and debtors of the death and the need to settle up, to pay all of the outstanding debts owed by the estate including taxes, to file any report required by the probate court, and finally, to distribute the remaining assets to the heirs.
Answered on Feb 12th, 2013 at 2:29 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The will must be filed with the Superior court in the county of the death of testator(maker of will) within 30 days of death. If you are the beneficiary under the will, you should be able to see the will now; who has custody of the will? The duties of an executor are to martial the assets of the estate, the expenses of the estate, file a petition into probate and distribute the estate as directed by the will, plus a lot of other ancillary duties. Please obtain the assistance of probate counsel to assist you; the fees and costs of the attorney come out of the estate proceeds.
Answered on Feb 12th, 2013 at 2:29 PM
The duties of the Executor are to marshal the assets of the estate and see that they go to the proper parties. He does this by opening the estate with the Probate court. At that point he must send all interested parties a copy of the Will (if there is one), an inventory of the assets, and copies of all of the documents he has filed with the court. If the Executor has not done this, and you are a beneficiary or legal heir of the estate, then you have the right to open the estate in the Probate court.
Answered on Feb 12th, 2013 at 2:28 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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The list of duties for an executor is at least a page long; you should make an appointment for a consultation to answer your question fully. You are entitled to a copy of the will as soon as it is probated.
Answered on Feb 12th, 2013 at 2:28 PM
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Per Nevada law the Will is to be lodged with the District Court within 30 days of the Decedent's death. There is no specific duty to disseminate the Will to the interested persons until the probate is opened. You may order a copy from the Court once it is lodged, or you may wait until the probate is opened to receive a copy. The Personal Representative's duties are significant and set by statute. Much depends upon the assets in the estate, the total value of the Estate and what actions are required to be taken with regard to the same. The Personal Representative owes a duty not only to the beneficiaries but to the creditors as well. You may wish to review the statutes that address the duties set for in Chapter 12 of the Nevada revised statutes or discuss the same with an attorney.
Answered on Feb 12th, 2013 at 2:27 PM
Jeffrey W. Wilkinson
There are many duties of the executor (Personal Representative). However the more significant executor duties are to: Take possession and maintain control of assets; Keep estate assets separate and distinct from all other assets; Maintain clear and accurate accounts and records; Provide information to beneficiaries in a timely manner; Exercise the same care and skill in administering the trust, as a person of ordinary prudence would exercise in dealing with his or her own property. This is generally referred to as the prudent man or prudent investor rule (states have adopted versions of one rule or the other). Administer the trust solely in the interest of the beneficiary, which is referred to as the duty of loyalty. This duty prevents the fiduciary from putting itself in a position where their personal interests conflict with those of the trust that it is representing.
Answered on Feb 12th, 2013 at 2:26 PM
Thomas Edward Gates
The Will must be filed with the court and, the court must appoint the Executor to start probate. You can review court records for the matter to view the Will.
Answered on Feb 12th, 2013 at 2:24 PM
The will must be filed with the court within 30 days of death under Nevada law. You can get a copy from the court. Your duties are set forth in the Nevada statutes, and they are extensive. If there is sufficient money in the estate, you should hire a good probate attorney to help.
Answered on Feb 12th, 2013 at 2:24 PM
You'll get to see the will when you or the executor find it. The executor is the person with the full responsibility for gathering and protecting all of the assets of the estate, paying all state and federal taxes and any creditors who make timely claims and distributing what remains to the heirs.
Answered on Feb 12th, 2013 at 2:23 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will be in the court file and, normally you will be provided a copy. If you have reason to think you are being treated improperly engage myself or another attorney to represent you.
Answered on Feb 12th, 2013 at 2:23 PM
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Your question has a long answer. I do however have a beneficiary bill of rights which I am happy to give to you. Basically, you are entitled to receive timely and complete information. There is no set timeframe for an executor to take the case to probate court and give you a copy of the will however. That said, ask and if you don't get it, ask the court.
Answered on Feb 12th, 2013 at 2:23 PM
Probate Attorney serving Palatine, IL
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Law Offices of Robert H. Glorch
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The executor has many duties, but basically they collect assets, pay debts and distribute the estate. Once the Will is filed with the court it's public record. Contact the clerk of the court about getting a copy.
Answered on Feb 12th, 2013 at 2:23 PM
Edwin K. Niles
The first duty of a named executor is to file the original will with the proper court (first making copies for your own use). If you are named as the executor, the person in custody of the will should deliver it to you. If you are not the executor, you are entitled to a copy. The duties of an executor are varied and sometimes complex; the executor should retain the services of an attorney experienced in estate administration. After filing the petition for probate and obtaining Letters Testamentary. the executor must sequester assets, give notice to creditors, review and pay creditors as appropriate, prepare an inventory and obtain appraisals, see to any tax filing requirements, and eventually distribute the assets. These are only the high spots. Sometimes a formal probate is not necessary, i.e. where the estate is small or where the assets have a named beneficiary or joint tenant. This is a field of law that baffles even lawyers if they are not familiar with the intricacies, so do it yourself is not recommended.
Answered on Feb 12th, 2013 at 2:22 PM