Losing a loved one is never easy, and dealing with the legal matters of their estate can add stress to an already difficult time. One of the most important aspects of estate administration is the role of the executor. This person is responsible for carrying out the instructions of the deceased, distributing property, and managing the affairs of the estate. In this post, we’ll discuss the role of the executor in estate administration, who appoints them, whether or not you can change them, and how an attorney can assist you in the process.

What is the Role of the Executor in Estate Administration?

The executor of an estate is responsible for carrying out the wishes of the deceased as outlined in their will. Their duties typically include gathering and managing the assets of the estate, paying any outstanding debts or expenses, and distributing property to heirs, beneficiaries, or creditors.

The executor also has a fiduciary duty to act in the best interests of the estate and its beneficiaries. This includes duties like making decisions on behalf of the estate, maintaining accurate records, filing tax returns, and ensuring that assets are distributed in accordance with state laws and the instructions of the deceased.

Who Appoints the Executor?

Typically, the executor is named in the deceased's will. However, if no executor is named or if the named executor is unable or unwilling to serve, the court may appoint one. In Oklahoma, the person appointed as the executor is called a personal representative.

Can You Change the Executor?

In some cases, it may be necessary to change the executor of an estate. This may happen if the named executor dies, becomes incapacitated, or is no longer willing or able to serve. Alternatively, the beneficiaries of the estate may petition the court to remove and replace the executor if they believe that person is not acting in the best interests of the estate or its beneficiaries.

How Can an Attorney Help?

An experienced attorney can help you understand the legal requirements and obligations of the executor role and provide guidance on how to fulfill these duties correctly. They can also assist you with the legal aspects of changing the executor, if necessary, and help manage any disputes that may arise throughout the process.

At The Terrell Law Firm, we understand the importance of handling estate administration matters with sensitivity and care. Our team is here to help Oklahoma residents navigate the legal aspects of administering an estate, including appointing or changing the executor, probate matters, and tax issues.

The role of the executor in estate administration is crucial to ensuring that the wishes of the deceased are carried out correctly and that assets are distributed appropriately. If you are in Oklahoma and need assistance with estate administration matters, including appointing or changing the executor, reach out to an experienced attorney for guidance. At The Terrell Law Firm, we are here to help ease the burden and provide legal support during this difficult time.