No, an executor cannot decide who gets what. Their core responsibility is to administer the deceased person's estate strictly according to the instructions outlined in the last will and testament.
The Executor's Mandate: Upholding the Deceased's Will
An executor is a legal representative appointed to manage the estate of someone who has passed away. While this role involves significant legal and administrative duties, it is fundamentally about carrying out the wishes of the deceased, not creating new ones.
- Strict Adherence: Executors are strictly prohibited from altering the deceased's will. When it comes time to distribute assets to named beneficiaries, they do not have the authority to change, override, or ignore the specific bequests. Their duty is to ensure that assets are transferred to the individuals or entities precisely as stipulated in the will.
- No Personal Discretion on Bequests: The executor's personal opinions, preferences, or relationships with potential heirs have no bearing on the distribution process. If the will names a particular person to receive a specific item or share of the estate, the executor must facilitate that transfer.
Key Responsibilities of an Executor
The executor's tasks are clearly defined by law and the provisions of the will. Here’s a summary of their primary duties:
| Responsibility | Description |
|---|---|
| Obtain Grant of Probate | Apply to the appropriate court to validate the will and gain the legal authority necessary to act on behalf of the estate. |
| Inventory Estate Assets | Systematically identify, locate, and appraise all assets belonging to the deceased, including real estate, bank accounts, investments, personal belongings, and any other valuables. |
| Manage Estate Finances | Oversee the estate's financial affairs, which includes paying ongoing expenses, collecting any debts owed to the estate, and managing investments or property until distribution. |
| Pay Debts and Taxes | Settle all legitimate debts, liabilities, and outstanding taxes of the deceased and the estate, including estate or inheritance taxes. Executors are generally discouraged from distributing assets to beneficiaries before the estate has been appropriately taxed. |
| Distribute Assets | Transfer the remaining assets to the beneficiaries exactly as specified in the will, only after all debts, taxes, and administrative expenses have been fully paid. |
| Account to Beneficiaries | Maintain clear and comprehensive records of all financial transactions and distributions, providing transparent reports to the beneficiaries. |
Limitations and Administrative Authority
While an executor has no power to change the will's beneficiaries or bequests, they do have administrative authority to manage the estate effectively to achieve the will's objectives.
- Administrative Decisions: Executors make practical decisions regarding the estate's management, such as deciding whether to sell certain assets to cover debts or taxes, or how to manage estate investments. These decisions must always be made in the best interest of the estate and its beneficiaries, adhering to the overall intent of the will.
- Seeking Court Guidance: In rare instances where a will's language is ambiguous or unclear on a minor administrative point (not a change in who gets what), an executor may need to seek clarification or instruction from the court to ensure they are interpreting the will correctly.
- Intestacy Situations: If an individual dies without a valid will (intestate), the distribution of their assets is governed by the laws of intestacy in their jurisdiction. In such cases, an administrator (a role similar to an executor) is appointed by the court, and they must follow these specific legal guidelines for distribution, rather than personal discretion.
In summary, an executor's role is one of faithful execution. They are entrusted with ensuring the deceased's final wishes are carried out precisely as documented in the will, acting as a facilitator rather than a decision-maker regarding the ultimate recipients of the estate.
