Executor of a deceased estate

If someone appointed you as the executor in their will this means that they wanted you to be involved in the administration of their affairs after they died. It is possible that there can be more than one executor, although more than two is unusual because of the confusion that can result from there being a number of different people with decision-making power. A common co-executor is a solicitor who drew up the will and they then charge for their services as the executor of the will.

The first question that people normally ask when they are appointed as an executor is if they can get paid for offering their services for doing this. The answer is yes, you can apply to the Supreme Court for commission of your work as an executor. However if you are a beneficiary of the will, this will not apply, because it is presumed that your benefit under the will is sufficient payment for your services as executor. The responsibilities of an executor to take charge of the deceased assets and property and ensure that the funeral and administration expenses including debts and taxes are paid and then to distribute the remaining assets to the beneficiaries in accordance with the will. The first step in this process is to make inventory of all of the possessions of the deceased and including their home, car, bank or building society accounts, furniture, household appliances, jewellery, shares, insurance policies, superannuation or any other asset that there is so that they may be valued if this is necessary. The next step is to apply for probate which is done in the Supreme Court. This is in order saying that the executor has a right to administer the estate. The documents you need to apply for this documentary evidence of death, up of the proper signing an attestation of the will and the details of the assets and liabilities of the deceased person.

If this state is under $50,000 there are no probate fees. Once the grant of probate has been made, funeral expenses are paid, then the fees of the executor paid, then all other debts are paid, then all remaining assets are distributed to the beneficiaries in accordance with the will. Once all assets have been identified and all debts have been paid than the assets can be distributed after the executor has published a notice requiring anybody with a claim against the estate within a specific timeframe. The executive and produces a report to the beneficiaries detailing all of these steps and financial details entailed within each of them.

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