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What to know about being an executor

On Behalf of | Jul 26, 2018 | Probate, Trust & Estate Administration

Ohio residents who are named the executor of an estate may have many resources at their disposal to help them do the job properly. For instance, there is literature that explains different estate plan documents and what they do. An attorney may also be consulted by an individual who needs help settling an estate. An executor is more likely to need legal or other assistance if the estate is large or otherwise complicated.

The executor is the person who is tasked with overseeing an estate through the probate process. He or she will need to locate assets, distribute them according to the will and pay taxes. It is important for anyone in this role to act in the deceased person’s best interests. Otherwise, the executor could face legal consequences. Those who are concerned with legal issues may refuse to carry out the role, and in this case, another person will be appointed to act as the deceased’s representative in court.

Generally speaking, taxes are paid first after which the debts of the estate are paid off. If there is anything left in the estate, it will be distributed to beneficiaries. If a deceased person had a trust, assets may be distributed in accordance with the trust and not need to go through probate.

Speaking with a trust and probate administration attorney may make it easier for an individual to understand his or her role as an executor. A lawyer may also help someone create an estate plan prior to passing. A legal professional may talk more about how a will or trust could meet a person’s needs. The creation of a clear and organized estate plan can make it easier for an executor to settle the estate in a timely manner.

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