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executor of a will ???

i've just been appointed executor to my uncles will . what exactly does it entail ??? i received a phone call from my mum today to tell me he had written his will and had appointed me executor.. i wasn't even asked !!!

Update:

thanks guy's ,i've a funny feeling i'll be back here again when the time comes.. thanks hippie i hadn't thought of it like that,!!! i'd never decline ,he's like a second dad to me and if it's me he want's it's obviously for a reason... i'm in ireland tho so i'll have to check out the laws over here in relation to the court papers etc..

thanks again for all the help . mia

11 Answers

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  • 1 decade ago
    Favorite Answer

    You can decide not to take the job. Normally, though you get a percentage of the estate, by statute, and is healthy.

    You have to submit the will to Probate Court and get appointed. Ask to be appointed without bond, if the other relatives in the will agree. Some courts will request you get bonded to protect the heirs. Then you will have to hire lawyer/solicitor, as most bonding companies will only bond the estate's lawyer.

    You then collect the estate. You get letters of appointments and open a trust account and transfer your uncle's cash into the account. Sell what should be sold, if there is a house, either sell it or if it can be rented, rent it out. You, through the attorney and/or accountant will prepare tax returns and you pay those from the trust. Finally, at the close of probate you issue checks to the heirs or transfer title as may be needed.

    Be sure to get paid for mileage, parking and such related to your role as executor. Good luck.

    Source(s): attorney 24 years
  • Anonymous
    1 decade ago

    The will in itself doesn't give you the power of executorship. That is obtained through the courts by filing with the court in the county where your uncle died the proper probate papers, starting with a Petition for Probate, the Will, proposed orders (Letters Testamentary), publication of your uncle's death in the local newspaper, proof to the court that notice was mailed to all interested parties, and a filing fee of $300 or more, and then a court hearing maybe 3 to 4 weeks after the initial filing of papers with the probate court. After that, and after you are officially appointed executor of your late uncle's estate, you will need to file even more papers like inventories and apprails to determine the net worth of the estate. It is a long process that can take up to a year or so, depending on the size of the estate.

    Just because your uncle appointed you executor doesn't mean you have to be executor. You can decline. It would be in your best financial interests and the financial interests of the estate to accept the appointment, but you can also appoint someone else, like your mum, to do the job. It is a long task that, without hiring a probate attorney to do the work, will be a lot of work and you will have to read up on the probate code for your state.

  • 1 decade ago

    In the terms of the law, the executor is required to 'collect, get in, and administer according to law the estate of the deceased'. In more specific terms, it is their duty to execute the wishes of the deceased. In this way, their first responsibility will be to settle any outstanding debts which are owed by the estate, and to assess any such claims made by banks or other financial institutions.

    Following this they will be required to arrange for payment of any inheritance tax which may be owed by the estate and, of course, to carry out the disbursement of the remaining assets to the named beneficiaries. Finally, it will also fall to the executor to investigate the possibility of any further heirs.

    Whether or not help from a third party is arranged, the named executor will be expected to carry out at least some of the work. Most frequently this entails performing the initial tasks associated with locating and valuing the deceased individual's assets. Again, depending on the size and complexity of the estate, this can be a very simple or a very complex task. Similarly, it is often expected that the executor will make the appropriate funeral arrangements, in line with the directions given in the will.

    At a very minimum, the executor should assume that they will be required to lend their signature to a variety of documents.

    Although executorships can be a significant amount of work, it should be noted that the individuals in question are legally entitled to be reimbursed their expenses from the estate. The task should not, therefore, be to their financial detriment.

  • 1 decade ago

    out of courtisy you should have been asked.

    But what it means is, that when he dies....he is asking you to probate his will. Pay all his outstanding debts with the money he leaves, and see's to it that his final wishes with his estate are carried out.

    Once he dies, if you do not want to be executor over his estate, then you can decline so in writing and a judge will have to appoint another.

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  • wizjp
    Lv 7
    1 decade ago

    Oversee the filing of the will for probate, liquidating assets, paying bills, seeing that bequests are made, distributing funds when the estate closes, hiring a lawyer if needed, paying taxes, closing accounts, selling property....

    You can get a lot of help from a probate clerk; or a probate atty; or you can always decline.

  • Stuart
    Lv 7
    1 decade ago

    You can refuse to be the executor (actually, a female is an executrix).

    Your job is to make sure all of the bills are taken care of, that the will is followed to the letter, and usually, to clean out his place and deal with his stuff.

  • Rex K
    Lv 5
    1 decade ago

    I have done this..You need an attorney to assist you..The two of you arrange to dispose of any property & pay any expenses..First a notice has to be filed in newspapers..the attorney helps with all of this..After the estate is all settled..you will get a percentage for your time & efforts..Keep tab of your hrs & mileage.

  • 1 decade ago

    Just means you have the most say n organising things once he's gone.

    im the executor for my dads will

  • 1 decade ago

    You will be responsible for seeing that the terms of the will are carried out.

  • Anonymous
    1 decade ago

    You must be considered trustworthy, that is a compliment.

    Your duty is to fairly execute the wishes stated in the will.

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