executor(s)

The individual(s) named in the will by a deceased person as being responsible for ensuring that his or her wishes are carried out. These duties include paying any debts from the estate, and ensuring that any balance is distributed amongst the beneficiaries according to the instructions in the will. Where a person dies without making a will, or where a named executor refuses to accept the appointment, a court may appoint someone else to administer the estate. Executors and administrators are sometimes referred to as personal representatives.

Typically the executor is the person responsible for offering the will for probate, although it is not absolutely required that he or she do so. The executor's duties also include the disbursement of property to the beneficiaries as designated in the will, obtaining information about any other potential heirs, collecting and arranging for payment of debts of the estate and approving or disapproving creditor's claims. An executor also makes sure estate taxes are calculated, necessary forms are filed and tax payments made, and in all ways assists the attorney for the estate. In most circumstances the executor is the representative of the estate for all purposes, and has the ability to sue or be sued on behalf of the estate. The executor also holds legal title to the estate property, but may not use that property for the executor's own benefit unless expressly permitted by the terms of the will.

A person who deals with a deceased person's property without proper authority is known as an executor de son tort. Such a person's actions may subsequently be ratified by the lawful executors or administrators if the actions do not contradict the substantive provisions of the deceased's will or the rights of heirs at law. If there is no will or where the executors named in a will do not wish to act, an administrator of the deceased's estate may instead be appointed.

See also: executorial trustee, estate, inheritance, literary executor