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Executors and Administrators

Executors and Administrators - Probate Lawyers Directory

Executors are appointed in a Will to...

  • carry out the terms of the Will
  • determine the assets of the Estate
  • pay the deceased's debts
  • distribute assets to beneficiaries named in the Will

The Executors duties include...

  • locate the deceased's Will – this must be the latest version
  • secure and protect the deceased’s assets, especially physical assets such as real estate, furniture and jewelry
  • determine the precise nature of the duties and powers set out in the Will
  • check whether the deceased left any specific instructions in the Will regarding funeral arrangements or for the disposal of the body
  • arrange the funeral, burial or cremation of the deceased
  • instruct a Probate Lawyer to apply for a Grant of Probate, to confirm the validity of the Will
  • consolidate the deceased's assets and pay all of the estate’s debts
  • distribute the balance of the estate to beneficiaries in accordance with the directions in the deceased's Will

Executors also have some ongoing obligations...

  • if the beneficiaries are young children, the Executor must invest funds until they are old enough to receive their share
  • keep a record of monies received and paid out
  • provide a copy of the Will and any other relevant document to named residuary beneficiaries

Executors costs and commission...

Executors are entitled to claim costs and expenses incurred in administering the Estate, and are usually entitled to commission for their work.

Probate lawyers can help Executors by...

  • advise on whether you have a claim against an Estate and the likelihood of success
  • apply for Grant of Probate or Grant of Administration to the Probate Court on behalf of the Executor named in the Will, or a close relative
  • advise on the role of an Administrator generally
  • represent Executors' interests in relation to any Court matter or dispute
  • advise Executors of their legal obligations under a Will
  • advise on what happens when there is no Executor appointed or willing or able to act
  • give advice where there appears to be an ambiguity in a Will

This website is dedicated to helping you find a Probate Lawyer located near you to assist Executors, Administrators and close relatives of deceased persons to understand and handle all complex legal responsilbities and issues associated with Wills and Estates generally.

Most of our Probate Lawyers and Solicitors give short, free legal advice on first telephone contact.