Everything about Executor totally explained
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This article is about the legal term. For other uses of the term, see Executor (disambiguation).
An
executor, in the broadest sense, is one who carries something out (in other words, one who is responsible for executing a task).
Executor (female form:
executrix) is also a legal term referring to a person named by a maker of a
will, or nominated by the
testator, to carry out the directions of the will. Typically the executor is the person responsible for offering the will for
probate, although it isn't absolutely required that he or she do so. The executor's duties also include the disbursement of
property to the beneficiaries as designated in the will, obtaining information about any other potential
heirs, collecting and arranging for payment of
debts of the estate and approving or disapproving
creditors' claims. An executor also makes sure
estate taxes are calculated, necessary forms are filed and
tax payments made, and in all ways assists the
attorney for the estate. Also the executor makes all
donations as left in
bequests to
charitable and other organizations as directed in the will. In most circumstances the executor is the representative of the
estate for all purposes, and has the ability to
sue or be sued on behalf of the estate. The executor also holds legal
title to the estate property, but may not use that property for the executor's own benefit unless expressly permitted by the terms of the will.
A person who deals with a deceased person's property without proper authority is known as an executor
de son tort. Such a person's actions may subsequently be ratified by the lawful executors or
administrators if the actions don't contradict the substantive provisions of the deceased's will or the rights of heirs at law.
Where there's no will, a person is said to have died
intestate - "without testimony". As a result, there can be no actual 'testimony' to follow, and hence there can be no executor. If there's no will or where the executors named in a will don't wish to act, an
administrator of the deceased's estate may instead be appointed. The generic term for executors or administrators is
personal representative.
Further Information
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