Executor's Duties
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EXECUTOR’S (ADMINISTRATOR’S) DUTIES

 

The Executor (or Administrator if there is no Will) is known as the personal representative of the decedent.  The laws of the various states set forth the duties of the Executor both for the state as well as the beneficiaries.  Duties to the beneficiaries are fiduciary which means that the personal representative must deal with the assets, his or her duties and beneficiaries at a standard of care much higher than that of ordinary care.

The duties of the personal representatives are important, often complex and regulated by strictly enforced state laws.  There are also duties of the personal representative stated in the Will which are in addition to those required by law.

The personal representative takes an oath to perform the duties of his/her office and can be held accountable civilly and possibly criminally for a breach of those duties.  The advice of an attorney experienced in the administration of estates will safely guide the personal representative through the estate administration and avoid such pitfalls.

 

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Copyright © 2003 James W. Pearson Jr. Attorney-at-Law
Last modified: December 23, 2004