Understanding Personal Injury Law

Duties Of The Executor In 8 Steps

29 December 2015

Kristina Walker

Only the most trusted and responsible family members or friends can expect to be appointed as the executor of a will. While you may be flattered and honored to be chosen, you are also likely confused about exactly what being an executor encompasses. For this important duty to be carried out property, you must take care to handle all issues pertaining to the deceased's estate and ensure that their wishes are acted upon. Read on to find out the 8 major duties of an executor.

1. Important Documents

As soon as possible after the death, you must carry out a thorough search for the following vital documents, some of which will be needed to plan the burial.

• Safe deposit box; keys and location.
• Life insurance and burial policies, which will be needed for the funeral.
• Last will and testament. The attorney who prepared the document will have a copy if it cannot be located.
• Trust documents
• Bank, investment, and retirement accounts information.
• Deeds and titles to property
• Social Security card or number
• Tax returns
• Death certificates. These are usually available with a week or so after the death. You will need several, since originals are required for some filings.

2. Funeral Plans

Work with the family (the the rest of the family if you are a member) to plan the burial and funeral according to the deceased's wishes. You are responsible for ensuring that funds are made available for these duties by using:

1. Burial policy

2. Life insurance policy

3. Checking or saving account funds.

3. The Will

Locate and become familiar with the decedent's wishes. Once the will has been "probated", you will be responsible for the distribution of assets according to the will. You may begin to consider how certain items are to be distributed or sold and divided, but the actual passing of ownership must await the final probate order.

4. Probate

Ensure that the will is filed with your county probate office by your attorney. After presenting the will for filing to the probate attorney, become apprised of any other duties required of the executor. The will (or notice of its filing) will published in a local newspaper to give notice to any potential creditors.

5. Bills

Consult with the estate attorney about which bills to pay and when, since some need to paid during probate, and some must wait for the probate to be final.

6. Income Taxes

One of the major responsibilities of the executor, and actually a major function of probate, is to ensure the income taxes are filed and paid. Probate cannot be complete without this act.

7. Social Security

The Social Security Administration encourages recipients to use direct deposit for the monthly payments, which means that payments quickly deposited into accounts. Timely notification to the SSA will help avoid having to re-pay any over-payments.

8. Death Certificates

Original, certified copies of the death certificate should be provided to banks, Medicare, insurance companies, credit card companies, and more.

Consult with a probate or estate attorney (like those at Weathers Law Firm, LLC)  for more information about the duties of an executor. 

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