Category: Probate Executor

  • What Happens when an Executor does not Perform their Necessary Duties?

    What happens when an executor does not perform their necessary duties? The process involved with handling an estate requires that certain tasks be performed by an executor. When a person dies with a will, the estate will generally have to go through the probate process in accordance with Washington laws before property can be distributed to beneficiaries. The testator (the deceased maker of the will) will have named an executor to take charge of the process of administering the estate. There are many legal requirements that executors must perform. The process can involve much more than simply taking property and handing it out to beneficiaries. Instead, the duties of an executor can include the following: Take inventory of the property and assets

  • What an Executor (Personal Representative) Cannot Do

    An executor/executrix (personal representative) are essentially the managers of an estate. That means they have a fiduciary duty to the decedent as well as her heirs to carry out their work to the best of their ability, and to do so in an organized and transparent fashion. They act, in essence, on behalf of the deceased person to fulfill his or her wishes as described within his or her estate plan. Consequently, a personal representative cannot be careless, inattentive, or use the estate for personal gain. An executor controls all the estate’s assets, which means he is responsible for paying its bills (creditors) and preserving the asserts of the estate such that the proceeds are maximized for the heirs. Personal representatives who are incompetent