(As an aside, original Wills are required to be filed with the Court upon a person’s passing. Serving as the executor of a will can be a bigger time commitment than many people might expect. It is important that, when choosing your Executor, you have a great deal of trust in that person to do the right thing and carry out your wishes because it is a complex and demanding role. It is possible to have only one executor but in nearly all cases you will need to have at least two trustees. An executor or administrator is the individual responsible for administrating your estate once you pass away. What an Executor of an Estate isn’t Responsible for or Cannot Do After a Death. Just ask anyone who has been a executor in the past and many will tell you it can be very time consuming, emotionally draining, difficult and seem like it never ends. Here are 10 things that you may not do as an executor.. 1. If an executor isn’t performing their duties correctly, in the first instance it is sensible to write a letter to the executor stating your concerns and requesting an account of the administration of the estate. You can choose whoever you like to do this job (and it can be more than one person) – but it’s an important choice to get right. Why Do I Need To Name An Executor For My Estate? 4 min read. You will need the original Will, even if you do not apply for a Grant of Probate. Is the person that you choose to be an Executor for your Will going to be up to the job? Your will appoints your executor who is recognized as your estate’s legal representative. You have no doubt heard of the probate process, and how burdensome it is. If there is more than one Executor, the authority of all the Executors will be needed to release the Will to one of you. This will likely be your spouse, your adult children, or your closest relative. If you were named the executor of your spouse or civil partner’s will, you may need to apply for probate before you can administer their estate. Distribute assets. Here are some circumstances that make you a good candidate for handling the estate without a professional at your side. If you do not choose an executor for your will, the court is going to have to appoint someone to fulfill this role. These should cover the basics: funeral arrangements, how the deceased wants the estate managed, and preferences about matters like burial. If you are the executor you will need to ascertain information on the assets and liabilities of the estate, obtain taxation advice, financial advice and you will need the addresses and contact details of all beneficiaries. The person who sorts out your property when you die and carries out the instructions in your will is called your executor. In this blog, we discuss the steps you should take to properly execute a Will, including filing with your state’s probate court, paying off the decedent’s debts, and distributing assets to beneficiaries. Why do I have to apply for a Grant of Probate? Even if you are married, you need to designate someone to do this. Lodge a 'trust tax return' This is only necessary if the estate earns an income from when the person dies the final distribution of the assets. The Deceased’s Estate Additionally, the value of the estate may allow it to pass through an expedited process. Being an executor can involve a lot of work and responsibility, so think carefully about who you choose. You will likely need an attorney's assistance to accomplish this. Not only do you need to oversee the transfer of assets to the proper beneficiaries, but you also need to pay debts, close accounts and wrap up other miscellaneous affairs for the deceased.. When You Can Probate an Estate Without a Lawyer. In summary, you do not have to serve as executor and even if you feel obligated to accept the executorship, qualifying may not be necessary or even advisable under the circumstances. Work out how much the estate is worth There can be some misunderstanding and a bit of confusion about what happens if one of the executors to your Will dies before you, so here we will clear that uncertainty up and explain the effect the death of an executor has on the validity of a Will. We’ll go over some of the most important forms here. What do you need to do now that you’re being called into action? If a solicitor or bank is holding the Will, you will need to show them the death certificate to obtain the Will. What do I do? If you do not choose one before you die, the courts will be in charge of appointing an administrator to execute your wishes, and this person may not be someone you would have wanted to act in this role. It’s important to name an executor because they will be the person in charge of taking care of your estate. As you can see, the Executor has many duties to carry out. By naming an Executor, you can control who will be responsible for managing your estate and carrying out your wishes when you die. When you serve as the executor of a will, you’ll need to grapple with a lot of paperwork as you coordinate the distribution of assets and property. What should you do if an executor isn’t performing their duties correctly? When a friend or family member asks you to be an executor of their estate, it's important to remember it's a role that comes with a lot of responsibility — and some risks.. An executor— known as a liquidator in Québec — administers a person's estate after they've passed away, based on wishes outlined in their Will and in accordance with all applicable laws. Before you do anything, you need to review any and all paperwork relating to the estate. So what does an executor do? Do I need to make a new Will if one of my executors dies before me? Purposefully “secreting” a will is a crime). Many executors are attorneys or accountants who may not know the deceased very well. Do you always need probate or letters of administration. We highly recommended that you work with a licensed accountant for this step. Before you agree to be executor, you should be certain that you have the time to do the job. When you make a will, you need to choose your executor(s). 6. Whether it’s because of a small family, or fear of causing stress in a loved one’s life, there are many reasons why so many folks feel they don’t have anyone to name as their executor.. You Don’t Have Immediate Family. The duties of an executor change depending on the size and complexity of the estate and the relationships, diversity and number of beneficiaries. The appointed person, who may be called a personal administrator or estate administrator, may not be the person who you would have wanted to fulfill this role and take care of your assets during the probate process. 1. It’s just as important not to do the things that the law prohibits as it is to fulfill the responsibilities that the law requires as an executor. As an executor, you also need to apply to the court for a Grant of Probate, to be legally recognised as the executor of the deceased’s estate. I am an executor of a Will. Rest assured that whatever step of the probate process you’re working through, there’s likely a form for it. They must of course be trustworthy, but they also need to be very strong with paperwork and filing out government forms. If you do decide to act as Executor, then you will need to file the original Will with the Court and open a probate estate with the Court. Secure the will. Assuming the deceased planned ahead, there will also be a specific document cataloging valuables like heirloom necklaces or firearms. Choosing an executor can be very difficult if you feel you don’t have many choices. How many Executors are needed for your will is down to your own personal preference, as one person or up to four can act as Executor at once. In its simplest definition, if you own assets, you have an estate. Estates vary regarding valuation and complexity. Lodge a citation at court. It could be a friend or family member. An Executor is the person legally responsible for carrying out your wishes in accordance with your will after you die. If you don’t have a will, then someone still has to be responsible for dealing with your affairs after your death. Represent the Estate in Court. If you don’t have a will, the court will appoint an administrator. You need to tell the executor that you will be applying to court to ask if someone else could settle the estate. 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