The deceased’s personal representative will be responsible for paying the estate debts and distributing its assets. If there is a will, the will names an executor to carry out these duties. If there is no will, then an administrator must be appointed by the court.
If there is a will, the will names the executor. The executor is typically a trusted relative or friend of the will-maker. There may be more than one executor named in the will, or the will might name one executor and an alternate in case that person is unable to act. To identify the executor, first find the will.
The executor gathers the assets of the estate, pays off the estate debts, and distributes the remaining assets according to the terms of the will.
In most cases the executor applies to the court for a grant of probate: this is a court order confirming that the will is valid and giving the executor authority to gather the estate’s assets and settle the estate’s debts.
If you are named as the executor, you might decide to hire a lawyer to help guide you through the steps. If the estate is small and simple, you might try to act without a lawyer. In that case, there are many resources available to help you understand and perform your duties in being executor. In most cases you will share some of the responsibilities with a lawyer, who can efficiently handle many of the steps under your instructions.
Probate is not always required.
If the other beneficiaries think that there is a problem with the will, or if they think that there is a problem with the executor, they might take their concerns to court. The executor may be called upon to represent the estate, and may have to defend his or her actions.
Generally, if there is a will then the personal representative settling the estate is called an “executor”, and if there is no will, then the personal representative settling an intestate estate is called an “administrator.” Grants of administration are made to people who are not named as executors in a will.
A personal representative seeking to settle an intestate estate applies to the court for a “grant of administration without will annexed.”
A grant of “letters of administration (with will annexed)” is made in some cases: