What Does an Executor Do?

An executor is a person appointed by the probate court to administer your estate following your death. In most cases, you will have designated a person or persons to be the executor of your estate in your will. You also might have designated a successor executor, or someone to fill the role of executor if the first person whom you designated predeceased you or is otherwise unable to serve as executive. The court typically will appoint your executor according to your wishes; if you have no will or fail to designate an executor, however, the court will appoint one for your estate, beginning with any surviving spouse who is named as a beneficiary of your will, and then proceeding down the line of relatives specified under Michigan law. If none of these individuals are available and no one else steps forward, a creditor can name an executor for the prAn executor is a person appointed by the probate court to administer your estate following your death. In most cases, you will have designated a person or persons to be the executor of your estate in your will. You also might have designated a successor executor, or someone to fill the role of executor if the first person whom you designated predeceased you or is otherwise unable to serve as executive. The court typically will appoint your executor according to your wishes; if you have no will or fail to designate an executor, however, the court will appoint one for your estate, beginning with any surviving spouse who is named as a beneficiary of your will, and then proceeding down the line of relatives specified under Michigan law. If none of these individuals are available and no one else steps forward, a creditor can name an executor for the probate court to approve.

You normally should designate an executor whom you trust, such as a family member or close friend. Any adult can serve as executor of your estate, so long as he or she has not been convicted of a felony. As a practical matter, you probably should choose an executor who lives in your state, so that he or she is available to handle your financial affairs.

An executor must follow the instructions in your will, in accordance with the law. More specifically, the executor must initiate probate proceedings by filing your will with the probate court, give proper legal notice to all beneficiaries and creditors of the estate, inventorying all of your assets, deciding how to dispose of the assets, paying your debts, filing any required tax returns, and distributing assets to the beneficiaries of your will. This can be an overwhelming list of responsibilities, particularly in the case of a larger estate. Therefore, it is essential that you enlist the services of an experienced estate attorney to assist your through the estate administration process.

Designating an executor for your estate is only one aspect of the estate planning process. If you are in this situation, we have the knowledge and resources to assist you. Call Legacy Law Center today and learn how our Michigan estate planning attorneys can advocate on your behalf.
obate court to approve.