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Your Rights and Responsibilities as Administrator

Understanding Your Role as an Estate Executor

Important Information from the Attorneys at Bailey & Galyen

If you have been named an executor or administrator of the estate of a loved one, you may be uncertain what duties you must fulfill and what rights you have during the process. This page sets forth the obligations of an estate executor. To learn more about the probate process, see our pages on

the probate process

why you want to avoid probate

how to preserve assets during estate administration

will contests and estate litigation

At Bailey & Galyen, we provide comprehensive counsel to people with issues involving probate or estate administration. Contact our office or call us at one of the numbers listed below to schedule a free initial consultation.

The Duties of an Estate Executor

Customarily, an executor is named in the will of the decedent. In most instances, the decedent will notify you and ask your permission when preparing his or her will.

As the executor, it is your responsibility to submit the estate to the probate courts, and to take all the necessary steps to settle the estate, so that all property can be distributed. To complete this task, you must

• compile and submit to the court an inventory of the assets of the estate

• if necessary to divide property in accordance with the terms of the will, get assets appraised

• notify all creditors of the deceased and oversee the payment of any outstanding debts

• identify and collect all amounts due to the decedent or the estate

• prepare, file and pay any local, state or federal taxes owed by the estate

• distribute the property in the estate according to the terms of the will

Even if you have an interest in the estate, as executor you must not engage in any activity that will benefit you at the expense of the estate or of other beneficiaries. You must take reasonable action to properly manage the affairs and assets of the estate. Failure to do so can make you potentially liable for breach of fiduciary duty.

Contact Bailey & Galyen

Bailey & Galyen offers a free initial consultation in probate matters. Contact us or call us at one of the numbers listed below to schedule an appointment.

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