What are the Duties and Responsibilities of an Executor?
Posted 02/22/99 A judge must appoint an executor to serve. The mere naming of an executor under a will confers no legal authority upon that person. The executor is responsible for gathering the assets of the deceased, paying the creditors and any taxes and then, after the court approves a petition for distribution, transferring the remaining assets to the beneficiaries. Executors are entitled to be paid a fee as set forth in the probate code. If you would like a copy of the fee schedule, call Carol, my secretary, who will send it to you without charge. Do not agree to serve without fee until the time for filing the petition to close the estate is being prepared. Until that time, you will not know all of the problems that you have to work through, or how much time it will take you to do so. I highly recommend that all executors retain the services of an attorney for assistance to eliminate costly mistakes for which the executor could be held liable. The executor is not bound to hire the
