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The term will executor is used to describe an individual or organisation that has been appointed to administer the estates of deceased persons. This position is also known as personal probate representative.

No matter what the title, a will's executor is responsible for many duties. Estate executors are usually appointed by a Last Will & Testament. If the decedent dies intestate (without having a will), a probate court will appoint an administrator.


Probate is required for almost every estate. Establishing an irrevocable trust for life insurance or a living trust is the only way to avoid probate. Even when trusts have been executed, a will executor is still required to ensure assets are distributed to the designated heirs.


It is vital to speak to the individual and get their consent before selecting them to manage an estate. Administering a will can be difficult, emotionally charged and time-consuming. Will executors are required to be at least 18 years old and have no felony convictions.


The majority of people choose a friend or family member. Some people hire professionals, such as lawyers or estate planners. Will executors will be compensated in any event for their time. Each state regulates estate administration fees. Some states pay executors an hourly rate. Some states pay executors a percentage or flat fee of the value of the estate.


There are many factors to consider when selecting an executor. Family dynamics are one factor to take into consideration. Death can bring people to their worst and best sides. Family disputes over an antique piece of furniture or heirloom jewelry are not uncommon.


Experts in estate planning recommend that you appoint two executors of your will. In the event that the primary administrator cannot fulfill their duties, a second executor named can quickly take over. Will administrators will often work with an attorney or estate planning service to make sure documents are filed properly through the court system.


Executors of wills are responsible for obtaining appraisals of property, obtaining debts to be paid, securing assets and distributing them to beneficiaries. Administrators must contact missing heirs and inform them about their impending inheritance.

Massachusetts was the first state to establish a probate court in 1643. Probate courts are responsible for archiving decedents’ last wills and testaments, maintaining estate records, recording estate inventory, and distributing inheritance property. They also record guardianships, divorces, name changes, adoptions, and other legal proceedings.


The probate courts are responsible for overseeing matters that fall under equity law. Equity cases are legal issues that direct someone to act, or not act. The cases filed in probate court are not governed by monetary awards like those that govern civil and criminal court.


In probate court, the most common types are: estate management (including probated estates as well as those protected by trusts); inheritance disputes; guardianships and conservatorships.

The majority of cases that are brought before a probate court concern estate management and inheritance. Although there is a UniformProbateCode (UPC), not all states in the U.S. have adopted its regulations. The probate process is therefore different depending on which state the decedents reside.


An estate administrator is appointed when estates are transferred from probate courts to ensure that inheritance property is distributed correctly to the rightful heirs or beneficiaries. Estate administrators may be named in the decedent's last will and testament or by the court.

Intestate probate is the term used when a person passes away without having a Will. Testate estates are those with a will. It takes longer to settle an intestate estate than a testate one because more steps are needed can a will be contested.

It is up to the probate personal representative to determine whether or not they need to get court approval before engaging in their duties. Some states require that all estate settlements be approved by the court while others require only estate administrators to provide evidence of settlement.

The number of hours needed to settle an estate can cause inheritance property to be held in the probate court for several months. To avoid probate, inheritance property must be placed in a trust. Trusts are usually used to protect larger estates. However, individuals with smaller estates can use estate planning strategies to avoid probate.