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Reprinted From:The News Journal
Written By: Nancy F. Blumberg, CPS-PFS, CFP & John H. Sterling,
CPA
What is an executor of a will? It's the person who handles the deceased's
affairs during the probate process. Without a will, the court will
appoint someone to perform this function.
Therefore, it is important while a person is making out a
will to name an executor and get his or her agreement to perform
this function. It is also important for the person to discuss
the responsibilities of the executor so the person knows what
is expected.
Many people don’t realize the work that is involved. The
executor's job usually involves lots of time and effort and
frequently exposes him or her to personal liability.
The executor locates the will, offers it for probate in the
proper court, collects the assets so they can be distributed
according to the terms of the will, safeguards the assets
and makes sure they are appraised, files the necessary federal
and state tax returns, pays any related taxes, cancels credit
cards and various accounts, pays the debts of the estate and
distributes the assets of the state.
A few areas of special concern for the executor should include
adequate insurance for loss and destruction of assets, timely
filing of the tax returns, payment of appropriate claims and
selection of a valuation process for the best tax savings.
It is easier if the executor lives in the same jurisdiction
where the will is being probated. In this way, the executor
can follow the process closely. While individual executors
will sometimes waive the executor's fee, especially if they
are also they should be for these efforts. beneficiaries,
compensated
At least one second choice as executor should be listed in
the will in case the first choice dies or changes his or her
mind. It is better not to name co-executors, which can cause
disagreements and delay the entire estate administration process.
Some people name a bank or trust company as the executor.
This may help to prevent family rifts. These institutions
can offer efficient administration and technical expertise,
yet they tend to be impersonal in their approach. The bank's
fee structure may make its use as executor cost prohibitive.
It may be wise to name an individual as the executor with
the financial institution as successor. |