Executor
Encyclopedia
An executor, in the broadest sense, is one who carries something out (in other words, one who is responsible for executing a task).
, 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 is not 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 debt
s 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 donation
s 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 do not contradict the substantive provisions of the deceased's will or the rights of heirs at law.
Where there is 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 is no will or where the executors named in a will do not wish to act, an administrator
of the deceased's estate may instead be appointed. The generic term for executors or administrators is personal representative
. In England and Wales
, when a person dies intestate in a nursing home
, and has no family members who can be traced, those responsible for their care automatically become their executors, a fact which "few realise."
Under Scottish law, a personal representative of any kind is referred to as an executor, using executor nominate to refer to an executor and executor dative to an administrator.
Overview
Executor (female form: sing. = executrix, pl. = executrices) is also a legal term referring to a person named by a maker of a willWill (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
, or nominated by the testator
Testator
A testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death. It is any "person who makes a will."-Related terms:...
, to carry out the directions of the will. Typically, the executor is the person responsible for offering the will for probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
, although it is not absolutely required that he or she do so. The executor's duties also include the disbursement of property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
to the beneficiaries as designated in the will, obtaining information about any other potential heirs, collecting and arranging for payment of debt
Debt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...
s of the estate and approving or disapproving creditors'
Creditor
A creditor is a party that has a claim to the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption that the second party will return an equivalent property or...
claims. An executor also makes sure estate taxes are calculated, necessary forms are filed and tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
payments made, and in all ways assists the attorney for the estate. Also the executor makes all donation
Donation
A donation is a gift given by physical or legal persons, typically for charitable purposes and/or to benefit a cause. A donation may take various forms, including cash, services, new or used goods including clothing, toys, food, and vehicles...
s as left in bequests to charitable
Charitable organization
A charitable organization is a type of non-profit organization . It differs from other types of NPOs in that it centers on philanthropic goals A charitable organization is a type of non-profit organization (NPO). It differs from other types of NPOs in that it centers on philanthropic goals A...
and other organizations as directed in the will. In most circumstances the executor is the representative of the estate
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
for all purposes, and has the ability to sue
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
or be sued on behalf of the estate. The executor also holds legal title
Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
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
Administrator of an estate
The Administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral...
if the actions do not contradict the substantive provisions of the deceased's will or the rights of heirs at law.
Where there is 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 is no will or where the executors named in a will do not wish to act, an administrator
Administrator of an estate
The Administrator of an estate is a legal term referring to a person appointed by a court to administer the estate of a deceased person who left no will. Where a person dies intestate, i.e., without a will, the court may appoint a person to settle their debts, pay any necessary taxes and funeral...
of the deceased's estate may instead be appointed. The generic term for executors or administrators is personal representative
Personal representative
In common law jurisdictions, a personal representative is the generic term for an executor for the estate of a deceased person who left a will or the administrator of an intestate estate. In either case, a surrogate court of competent jurisdiction issues a finding of fact, including that a will...
. In England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, when a person dies intestate in a nursing home
Nursing home
A nursing home, convalescent home, skilled nursing unit , care home, rest home, or old people's home provides a type of care of residents: it is a place of residence for people who require constant nursing care and have significant deficiencies with activities of daily living...
, and has no family members who can be traced, those responsible for their care automatically become their executors, a fact which "few realise."
Under Scottish law, a personal representative of any kind is referred to as an executor, using executor nominate to refer to an executor and executor dative to an administrator.
See also
- EstateEstate (law)An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
- Executorial trusteeExecutorial trusteeAn executorial trustee is someone who is appointed to be an executor and also be a trustee of an estate after the executors duties have been completed....
- InheritanceInheritanceInheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
- Literary executorLiterary executorA literary executor is a person with decision-making power in respect of a literary estate. According to Wills, Administration and Taxation: a practical guide "A will may appoint different executors to deal with different parts of the estate...
External links
- Executor of a will duties - A list of duties for a Will Executor (England & Wales only)