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Anexecutor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine formexecutrix is sometimes seen in historical documents. The term usually means an executor of a dead person'sestate, which is someone whom awill and testament appoints to administer the dead person's estate and dispose of their property as the will and testament directs.
Executor is a legal term referring to a person named by the maker of awill or nominated by thetestator to carry out the instructions of the will. Typically, the executor is the person responsible for offering the will forprobate, although it is not required that they fulfill this. The executor's duties also include handing overproperty to the beneficiaries as designated in the will, obtaining information of potentialheirs, collecting and arranging for payment ofdebts of the estate and approving or disapprovingcreditors' claims.
An executor makes sureestate taxes are calculated, necessary forms are filed, and the corresponding payments are made. They also assist theattorney with the estate. Additionally, the executor acts as a legal conveyor who designates where thedonations will be sent using the information left inbequests,whether they be sent tocharity or other organizations. In most circumstances, the executor is the representative of theestate for all purposes, and has the ability to sue or be sued on behalf of the estate.The executor holds legaltitle to the estate property, but must not use the title or property for their own benefit, unless permitted by the terms of the will.
A person who deals with a deceased person's property without proper authority is known as an executorde son tort. Such a person's actions can subsequently be ratified by the lawful executors oradministrators 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, a person is said to have diedintestate—"without testimony". As a result, there is no tangible "testimony" to follow, and hence there can be no executor.If there is no will or the executors named in a will do not wish to act, anadministrator of the deceased's estate can instead be appointed.The generic term for executors or administrators ispersonal representative. InEngland and Wales, when a person dies intestate in anursing home, and has no family members who can be traced, those responsible for their care automatically become their executors.
InScots law, a personal representative of any kind is referred to as an executor, usingexecutor nominate to refer to an executor in the English sense andexecutor dative to an administrator in the English sense.
Any person designated as an executor can choose not to administer the estate. In the UK, upon making that choice the designated person can execute a "power reserved" letter, which allows the person to later act as executor if the person named on the grant of probate is removed or is no longer able to act.[1]
In some countries, such as the United States, an executor is automatically entitled to compensation for their services, although this amount varies dramatically by jurisdiction. Unless specifically set by the will, this compensation is often determined by what is considered "reasonable" for the effort involved, although in a number of jurisdictions, the amount is instead set as a percentage of the overall estate. For example, in California the executor is entitled to 4% of the first $100K of estate value, 3% of the next $100K, and so on. In other countries, such as the United Kingdom, the executor isnot automatically entitled to compensation, although compensation can be directed within the will or on application to a court.[2]
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