• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
    • News and Events
  • Areas We Serve
    • Essex County, MA
      • Andover
      • Beverly
      • North Andover
    • Hillsborough County, NH
      • Manchester
      • Nashua
    • Middlesex County, MA
      • Concord
      • Lexington
      • Wakefield
      • Winchester
      • Woburn
    • Rockingham County, NH
      • Exeter
      • Londonderry
      • Salem
  • Services
    • Asset & Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Loss Of A Loved One
    • Pet Planning
    • Power Of Attorney
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Elder Law
    • Coping with Alzheimer’s
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder law reports
      • Elder Law Resources
        • Elder Law Resources – Londonderry, New Hampshire
        • Elder Law Resources North Andover, Massachusetts
        • Nashua, New Hampshire Elder Law Resources
        • Woburn, MA Elder Law Resources
    • Estate Planning
      • Estate Planning Articles
      • Estate and Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Business Planning
      • Charitable Gifting
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Trust Administration & Probate
      • Wills and Trusts
    • Medicaid Calculator
    • Newsletters
    • Presentations
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Nashua, New Hampshire Probate Resources
        • Probate Resources – Londonderry, New Hampshire
        • Probate Resources – North Andover, MA
        • Probate Resources – Wakefield, Massachusetts
        • Woburn, MA Probate Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
  • Seminars
    • Live Seminars
    • Online Seminars
  • Videos
  • Contact Us
  • Blog
  • Reviews
    • Our Reviews
    • Review Us

DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

Call us today(603) 894-4141

(978) 969-0331

Online Seminars
Attend Free Seminar
Home » Probate » Andover Estate Planning Lawyers — Explain the Role of Executor

Andover Estate Planning Lawyers — Explain the Role of Executor

August 3, 2017Probate

Andover estate planning lawyers

Whether you have been notified that you were appointed as the Executor of an estate, or you are planning your own estate and need to appoint an Executor, it is important to understand the duties and responsibilities of an Executor. “Executor” is also sometimes referred to as “Personal Representative”.  Unfortunately, people frequently name someone as their Executor without taking the time to contemplate what it means to be an Executor and, therefore, whether or not the individual is actually the best person for the job. To make sure you don’t make that mistake, or to help you plan for your own role as Executor, the Andover estate planning lawyers at DeBruyckere Law Offices explain the role of Executor.

Why Is Probate Necessary?

When an individual dies, the law requires the decedent’s estate to go through the legal process known as probate. If the decedent died testate, meaning with a valid Last Will and Testament in place, the individual named as the Executor in that Will is the person who will oversee the administration of the estate during the probate process. If the decedent died intestate, meaning without a Will, any competent adult can volunteer to be the Personal Representative of the estate and oversee the probate process. If no one volunteers, the court must appoint someone, usually a local attorney.

What Is Involved in the Probate Process?

The reason it is so important to take the time to consider the position of Executor before you appoint someone is that the position requires the individual to handle a wide range of duties and responsibilities, many of which require some degree of legal and/or financial skill or experience. Most Executors do retain the services of an experienced estate planning attorney to assist them, particularly if the estate must go through formal probate; however, the Executor remains ultimately responsible for the probate of the estate. Common duties and responsibilities of an Executor include:

  • Estate assets – as soon as possible after the decedent’s death, all estate assets must be identified, located and secured. A date of death value for all assets must also be obtained. Prior to opening the probate of the estate, the Executor must determine which estate assets are probate assets and which are non-probate assets because the non-probate assets bypass the probate process and may be distributed to beneficiaries immediately.
  • Opening probate – an original copy of the decedent’s Last Will and Testament, along with a petition to open probate must be submitted to the appropriate probate court to get the probate process started.
  • Creditors – the Executor must notify known creditors individually and unknown creditors via publication in a local newspaper. All claims filed by creditors must be evaluated by the Executor and approved or denied. If approved, the claim must be paid using available assets. If the estate lacks sufficient liquid assets, the Executor must sell assets to raise the necessary funds to pay creditors.
  • Litigation – if anyone challenges the validity of the Will submitted to probate, the Executor must defend the Will throughout the ensuing litigation.
  • Taxes – all estates are potentially subject to federal gift and estate taxes. Estates in the Commonwealth of Massachusetts may also be subject to Massachusetts estate taxes. All applicable tax returns must be completed and submitted and all tax obligations paid out of available estate funds before the probate process can conclude.
  • Beneficiaries – finally, at the end of the probate process, the Executor must prepare all necessary legal documents and take all necessary steps to effectuate the transfer of the remaining property to the intended beneficiaries and/or heirs of the estate.

Contact Andover Estate Planning Lawyers

For more information, please download out FREE estate planning worksheet. If you have additional questions or concerns about the role of Executor, or you need assistance fulfilling your role as Executor, contact the experienced Andover estate planning lawyers at DeBruyckere Law Offices by calling (603) 894-4141 or (978) 969-0331 to schedule an appointment.

  • Author
  • Recent Posts
Daniel DeBruyckere
Daniel DeBruyckere
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning.
Daniel DeBruyckere
Latest posts by Daniel DeBruyckere (see all)
  • Do I Need an Attorney to Administer a Trust? - January 26, 2023
  • How Using a Trust Can Protect a Valuable Inheritance - January 24, 2023
  • What Seniors Need to Know to Protect Assets - January 19, 2023

Other Articles You May Find Useful

Woburn probate attorneys
How Can I Avoid Probate Disputes?
calculator
What Are the Costs Involved in Probate?
Beverly probate attorney
If an Estate Owes Federal Gift and Estate Taxes, How Do I Pay Them?
6879042 S 150x150
5 Signs Pointing to a Will Contest
Nashua probate attorneys
Mistakes You Can Avoid Making during Probate
Dollarphotoclub 98401544 150x150
Do All Assets Go through Probate?

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram

Blog Subscribe

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Testimonials

DeBruyckere Law Offices, PC footer

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
footer-logo

© 2023 DeBruyckere Law Offices
All Right Reseved.

Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.