Executor

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Executor

An executor, in the broadest sense, is one who carries something out (in other words, one who is responsible for executing a task).

Executor (female form: executrix) is also a legal term referring to a person named by a maker of a will

Will (law)

In common law, a will or testament is a document by which a person regulates the rights of others over his or her property or family after death....
, or nominated by the testator

Testator

A testator is a person who has written and executed a Will that is in effect at the time of his/her death. It is any "person who makes a will."...
, to carry out the directions of the will. Typically, the executor is the person responsible for offering the will for probate

Probate

Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will....
, although it is not absolutely required that he or she do so.

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Encyclopedia

Will (law)

In common law, a will or testament is a document by which a person regulates the rights of others over his or her property or family after death....
, or nominated by the testator

Testator

Probate

Property

Property is any physical or virtual entity that is ownership by an individual or jointly by a group of individuals. An owner of property has the right to consumption, sell, Renting, mortgage, transfer and exchange his or her property....
to the beneficiaries as designated in the will, obtaining information about any other potential heirs, collecting and arranging for payment of debt

Debt

Debt is that which is owed; usually referencing assets owed, but the term can cover other obligations. In the case of assets, debt is a means of using future purchasing power in the present before a summation has been earned....
s of the estate and approving or disapproving creditors'

Creditor

A creditor is a party that has a claim to the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or Service to the second party under the assumption that the second party will return an equivalent property or service....
claims. An executor also makes sure estate taxes are calculated, necessary forms are filed and tax

Tax

To tax is to impose a financial charge or other levy upon an individual or Legal person by a state or the functional equivalent of a state.Taxes are also imposed by many subnational entity....
payments made, and in all ways assists the attorney

Attorney at law

An attorney at law in the United States is a practitioner in a court who is legally qualified to Prosecutor and defend actions in such court on the Retainer agreement of clients....
for the estate. Also the executor makes all donation

Donation

A donation is a gift given by physical or legal persons, typically for Charitable organization purposes and/or to benefit a cause. A donation may take various forms, including cash, Service , new or used goods including but not limited to clothing, toys, food, vehicles, it also may consist of emergency, relief or humanitarian aid items, dev...
s as left in bequests to charitable

Charitable organization

The definition of charitable organization, and of charity, varies according to the country and in some instances the region of the country in which the charitable organization operates....
and other organizations as directed in the will. In most circumstances the executor is the representative of the estate

Estate (law)

An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time....
for all purposes, and has the ability to sue

Lawsuit

In law, a lawsuit is a civil action brought before a court in which the party commencing the action, called the plaintiff, seeks a legal remedy or equitable remedy....
or be sued on behalf of the estate. The executor also holds legal title

Title (property)

Title is a law term for a bundle of rights in a piece of Possession in which a party may own either a legal interest or an Equitable_interest The rights in the bundle may be separated and held by different parties....
to the estate property, but may not use that property for the executor's own benefit unless expressly permitted by the terms of the will.

A person who deals with a deceased person's property without proper authority is known as an executor de son tort. Such a person's actions may subsequently be ratified by the lawful executors or administrators

Administrator of an estate

The Administrator of an estate is a legal term referring to a person appointed by a court to administer the Estate of a deceased person who left no will ....
if the actions do not contradict the substantive provisions of the deceased's will or the rights of heirs at law.

Where there is no will, a person is said to have died intestate - "without testimony". As a result, there can be no actual 'testimony' to follow, and hence there can be no executor. If there is no will or where the executors named in a will do not wish to act, an administrator

Administrator of an estate

The Administrator of an estate is a legal term referring to a person appointed by a court to administer the Estate of a deceased person who left no will ....
of the deceased's estate may instead be appointed. The generic term for executors or administrators is personal representative

Personal representative

In common law jurisdictions, a personal representative is the generic term for an executor for the estate of a deceased person who left a will or the administrator of an estate of an intestate estate....
.

Executor

See also