What Does an Executor Have to Do After Someone Dies?
When you create a will, one of the most important decisions you will make is choosing an executor. This is the person who will be responsible for managing your estate, addressing outstanding obligations, and distributing your property according to the instructions in your will.
Being named as an executor is an important responsibility. Even a relatively straightforward estate can involve court filings, financial accounts, property transfers, taxes, creditor claims, and communication with beneficiaries. Understanding the executor’s role can help you choose the right person for your own estate or prepare for the responsibilities involved if someone has named you.
If you have been named as an executor in someone's estate and need assistance, contact our office today.
What Is an Executor?
An executor is the person named in a will to manage the estate after the person who created the will dies. The person who made the will is sometimes referred to as the testator.
The executor does not take ownership of the estate or have unlimited authority to decide what happens to its assets. Their job is to follow the terms of the will, comply with applicable law, protect estate property, and act in the interests of the estate and its beneficiaries.
In New Jersey, the executor is generally appointed through the Surrogate’s Court in the county where the deceased person lived. Before handling estate property, the executor may need to submit the original will, a certified death certificate, and other required documents to the court.
Once properly appointed, the executor can begin collecting and managing the estate’s assets.
What Happens to a Will After Someone Dies?
If someone dies owning assets in their individual name, probate may be required before those assets can be transferred to beneficiaries.
Probate is the legal process used to recognize a will and authorize the executor to administer the estate. Not every asset necessarily passes through probate. Property held jointly with another owner and accounts with valid beneficiary designations may transfer outside the will.
Although every estate is different, the process commonly includes the following steps:
Locating the original signed will.
Obtaining certified copies of the death certificate.
Submitting the will and required paperwork to the appropriate Surrogate’s Court.
Receiving authority to act on behalf of the estate.
Identifying and securing the deceased person’s property.
Determining the value of estate assets.
Notifying beneficiaries and addressing creditor claims.
Paying valid debts, expenses, and taxes from estate funds.
Distributing the remaining property according to the will.
Maintaining records and completing the estate administration.
Some estates can be settled without significant difficulty. Others become more complicated because of real estate, business interests, missing documents, tax issues, family disagreements, unclear instructions, or questions about ownership.
What Happens When There Is No Will?
When someone dies without a valid will, they are considered to have died intestate. Instead of an executor selected by the deceased person, the court appoints an administrator to manage the estate.
The administrator performs many of the same duties as an executor, but the remaining property is distributed according to state intestacy laws rather than personal instructions left in a will.
This means that the law determines which relatives inherit and how much they receive. Those results may not match what the deceased person would have chosen.
Dying without a will can also create additional uncertainty when minor children are involved. A will allows parents to state whom they would want to serve as guardian. Without that direction, the court must make the decision based on the information presented and what it determines to be in the children’s best interests.
What Are an Executor’s Responsibilities?
An executor is responsible for managing the estate carefully from the time of appointment until the property has been distributed and the administration is complete.
Their responsibilities may include:
Locating Important Documents
The executor may need to find the original will, trust documents, deeds, account statements, insurance policies, tax returns, business records, and information about debts or recurring expenses.
A photocopy or digital version of a will may not be treated the same as the original signed document. If the original cannot be located, additional legal steps may be required.
Protecting Estate Property
Estate assets must be protected while the administration is underway. This can include securing a residence, maintaining insurance, arranging necessary repairs, safeguarding personal property, forwarding mail, and preventing unauthorized access to financial accounts.
Identifying and Valuing Assets
The executor must determine what the deceased person owned and how each asset was titled. This may include bank accounts, investments, retirement accounts, real estate, vehicles, business interests, valuable personal property, and digital assets.
Some property may require a professional appraisal or date-of-death valuation.
Addressing Debts and Expenses
Valid debts and estate expenses generally must be addressed before beneficiaries receive their inheritances. These obligations may include funeral expenses, medical bills, mortgages, credit cards, taxes, professional fees, and costs associated with maintaining estate property.
An executor should not distribute the entire estate before confirming that sufficient funds remain to cover outstanding obligations.
Handling Tax Matters
Depending on the estate, the executor may need to arrange for the preparation of the deceased person’s final income tax return, an estate income tax return, and any applicable estate or inheritance tax filings.
Tax responsibilities vary based on the assets involved, the beneficiaries, and where the deceased person lived or owned property.
Communicating With Beneficiaries
Beneficiaries often want to know what is happening, how long the process will take, and when distributions will be made. Clear communication can reduce confusion and help prevent misunderstandings.
The executor should provide appropriate information while avoiding promises about distribution dates before the estate’s obligations are known.
Distributing the Estate
After debts, expenses, taxes, and other requirements have been addressed, the executor can distribute the remaining property according to the will.
The executor should maintain records showing what was collected, what was paid, and what each beneficiary received.
Does an Executor Have Discretion?
An executor must follow the will and cannot rewrite it based on personal preferences. However, many wills give the executor some discretion in handling practical decisions.
For example, an executor may be authorized to decide:
When and how estate property should be sold
Whether certain assets should be distributed directly or converted to cash
Which necessary repairs should be made before selling a home
How estate funds should be managed while administration is underway
Which professionals should be hired to assist with legal, tax, real estate, or valuation matters
This discretion must be exercised reasonably and within the authority provided by the will and applicable law.
If the will contains unclear or conflicting instructions, the executor should obtain legal guidance before acting. Making an assumption without understanding its legal effect can lead to disputes or personal liability.
What Is an Executor’s Fiduciary Duty?
Executors have a fiduciary duty to the estate and its beneficiaries. This means they must act honestly, carefully, and in the estate’s interests.
An executor should not use estate property for personal purposes, favor one beneficiary without legal authority, ignore the terms of the will, or make distributions that benefit themselves at the expense of others.
An executor may also be a beneficiary. That is common and is not automatically a problem. However, the executor must keep their personal interests separate from their responsibilities to the estate.
If beneficiaries believe the executor is mishandling assets, refusing to provide information, creating unreasonable delays, or acting for personal gain, they may ask the court to review the executor’s conduct. Serious misconduct can lead to removal, repayment of losses, or other legal consequences.
Good recordkeeping is one of the most important ways an executor can demonstrate that the estate has been managed properly.
Can Beneficiaries Agree to Change a Distribution?
An executor cannot independently change the will after someone dies. Beneficiaries may sometimes agree among themselves to adjust how certain property is distributed or resolve a disagreement, but the available options and legal requirements depend on the circumstances and applicable state law.
An informal family agreement may create tax, creditor, or ownership problems if it is not documented correctly. Before changing a distribution required by a will, the executor and beneficiaries should speak with a probate attorney and understand the consequences.
Can Probate Be Avoided?
Probate is not automatically a problem, and it may still be required for at least part of an estate. However, careful planning can reduce the number of assets that pass through probate and make the administration easier for the people responsible for handling it.
Depending on the circumstances, an estate plan may use beneficiary designations, joint ownership, trusts, and other planning tools. These arrangements must be coordinated carefully. Adding a beneficiary or joint owner without considering the larger estate plan can create unintended results.
A complete estate plan should also give the executor clear instructions, identify important assets, and make original documents easier to locate.
Choosing the Right Executor
The person you choose does not need to be a lawyer or financial professional. They should, however, be trustworthy, organized, responsible, and willing to ask for help when necessary.
Before naming someone, consider speaking with them about the role. Make sure they are comfortable accepting the responsibility and know where your original will and other important information will be kept.
You should also name at least one alternate executor in case your first choice is unable or unwilling to serve.
Contact The Law Offices of Joseph D’Urso
If you have been named as an executor or need help settling a loved one’s estate, you do not have to manage every part of the process alone. We help executors and families understand their responsibilities, complete the required filings, address estate assets and debts, and distribute property correctly.
We also help individuals create clear estate plans that make their wishes easier to carry out and reduce uncertainty for the people they leave behind.
The Law Offices of Joseph D’Urso is based in Bergen County and serves individuals and families throughout New Jersey and New York. Contact our office to schedule a short introductory call and discuss your estate planning, probate, or estate administration needs.
Comments