Duties of an Executor
The executor is responsible for addressing all legal, tax and family matters to ensure that your estate is settled according to your wishes and that your estate’s obligations are properly and effectively fulfilled. To that end, the executor must:
UNDERSTAND THE TERMS OF THE WILL AND FILE THE WILL WITH THE COURT
One of the executor’s first responsibilities is to review the will and file it with the appropriate court, thereby beginning the legal process known as “probate,” through which the court typically determines a will’s validity and appoints the executor(s) and/or trustee(s).
ASCERTAIN THE ESTATE’S INITIAL CASH REQUIREMENTS AND NOTIFY ALL INTERESTED PARTIES OF DECEDENT’S PASSING
The executor will meet with family members and other beneficiaries to determine initial budgetary needs and initial cash requirements, if any, and to develop and review the initial estate administration action plan. Additionally, the executor will notify banks, investment advisors, trustees, creditors—and even the post office — of your passing.
COLLECT, SAFEGUARD AND VALUE THE VARIOUS AND OFTEN COMPLEX ASSETS OF THE ESTATE
The executor must quickly locate all assets, including jewelry, artwork and other collectibles, and make certain that they are held in a safe location and are properly insured. The executor will also review all real estate holdings, leases and mortgages, business interests, insurance policies, retirement plans, trusts, marketable securities and other assets. The executor must have all of your estate’s assets appraised; the results of the appraisals can make a significant difference in your estate’s final tax bill. The appraisal process requires knowledge of valuation techniques and an understanding of when to apply discounts and when to seek the highest fair market valuation for an asset. If your estate includes complex assets, such as investment partnerships, hedge funds, closely held businesses and real estate, the ability to make strategic valuation decisions may take on an even greater significance in the overall THE TRUE NATURE OF WORTH administration of your estate.
DEVISE AN INVESTMENT PLAN FOR THE ESTATE WHICH ADDRESSES THE ESTATE’S UNIQUE CIRCUMSTANCES AND COMPLIES WITH THE VARIOUS STATE LAW REQUIREMENTS
The role of the executor is relatively brief, typically lasting between one and three years. Trustees, by comparison can serve for decades. During the period of administration, the executor will gather and protect all assets passing under your will and develop an investment plan for those assets. The investment plan must take into account the schedule for required and anticipated payments and distributions to beneficiaries, including any trusts to be funded; the volatility and expectations of the markets; and the liquidity of assets. For significant estates, this vital task requires an in-depth knowledge of the markets as well as income and estate tax laws. If your estate consists of illiquid assets, investment planning takes on an even more critical role. Where assets under a Will are supposed to pour over into a Revocable or Living Trust for adminsitration there, the executor needs to pass the assets into the hands of the trustees in a timely and efficient manner, once the necessary elections and administrative tasks are handled.
DEVELOP AND IMPLEMENT IN A TIMELY MANNER A TAX PLAN TO HELP MINIMIZE FEDERAL AND STATE INCOME AND ESTATE TAXES
The role of the executor is relatively brief, typically lasting between one and three years. Trustees, by comparison can serve for decades. During the period of administration, the executor will gather and protect all assets passing under your will and develop an investment plan for those assets. The investment plan must take into account the schedule for required and anticipated payments and distributions to beneficiaries, including any trusts to be funded; the volatility and expectations of the markets; and the liquidity of assets. For significant estates, this vital task requires an in-depth knowledge of the markets as well as income and estate tax laws. If your estate consists of illiquid assets, investment planning takes on an even more critical role. Where assets under a Will are supposed to pour over into a Revocable or Living Trust for adminsitration there, the executor needs to pass the assets into the hands of the trustees in a timely and efficient manner, once the necessary elections and administrative tasks are handled.
ENSURE ASSETS ARE DISTRIBUTED EQUITABLY ACCORDING TO THE TERMS OF THE WILL, AND THEN PREPARE AN ACCOUNTING FOR THE BENEFICIARIES DETAILING ALL OF THE EXECUTORS’ ACTIONS
The executor is responsible for paying cash bequests, distributing personal effects, establishing and funding trusts and ensuring that proper title to all assets is transferred to the appropriate beneficiaries. Once the estate administration is complete, the executor presents the beneficiaries with a final accounting of all the transactions and actions taken on behalf of the estate during the course of the estate’s administration. The executor may also present a formal accounting to the court, if appropriate.