Posts tagged ‘estate’
What does an executor do, exactly?
Most folks I meet with in planning an estate – or probating one – are familiar with the word executor. [An executor carries out (or executes) the wishes of someone who has died leaving a will.] But often, they don’t know exactly what an executor does. So, here is what an executor does, in Tennessee, somewhat exactly:
- Identify and take into your possession the decedent’s assets that were owned solely by the decedent;
- Invest estate assets to produce income for the estate during the administration process;
- Identify and notify each person who is owed money by the decedent, i.e. the creditors;
- If a creditor files a proper claim, then pay the debt owed to the creditor;
- Prepare and file the necessary income, gift and death tax returns due;
- Prepare and file any inventories required;
- After paying all claims from creditors and filing necessary tax returns, distribute the remaining estate assets to those named in decedent’s will, or to those who are to receive decedent’s estate under intestate succession, if decedent died without a will (intestate).
What can the executor NOT do?
- the executor cannot use any of the estate assets to pay personal bills;
- the executor cannot use estate assets to pay any of the beneficiaries’ bills until all estate debts and taxes due have been paid.
An executor has a fiduciary duty to manage the estate assets and take the other actions listed above. Most often the executor will work with an attorney, who assists in preparing the necessary documents, notifying creditors and so forth. If an executor chooses to proceed without an attorney – and this is allowed in most Tennessee counties (Davidson County being a notable exception) – then he or she should at the very least consult with an attorney to understand the detailed actions that accompany all of the obligations I describe above.
Questions about serving as executor of an estate in Tennessee? Drop me a line anytime: cnm@csquaredlaw.com or 615.595.7776.
Please note that this information is general in nature and is not intended as legal advice. Always consult with an attorney to determine what the needs of your particular situation may be.
Even more reasons to have a last will + testament . . .
In my last post, I reviewed the law in Tennessee on intestate succession – e.g., what happens to your estate (your stuff) when you die without a will. This ‘default’ plan for distributing your estate likely is reason enough to create a last will and testament.
But there are more reasons, just in case you were wondering . . .
In discussing with clients why they want to create a well-thought-out will document, I universally get agreement with the proposition that a properly-drafted will should both save the time and effort of the person/people who are dealing with the estate’s probate process AND it should eliminate as much probate-related expense as possible. Both of these are worthy goals, and are easy to achieve. But planning is necessary!
In Tennesssee, there are a lot of ‘hoops’ one must jump through when administering an estate that didn’t plan properly for probate – whether an intestate estate (no will at all) or an estate of someone who simply had a poorly-drafted will document.
One of the hoops – that can require significant time on the part of the executor, or significant expense on the part of the estate if professionals must be hired to complete this requirement: an accounting of the estate’s contents. The personal representative has to file a statement of all receipts, disbursements and distributions of principal and income for the accounting period and the remaining assets held in the estate – both initially, when the estate is opened, and annually until the estate is closed. See Tennessee Code 30-2-601 et seq.
The accounting can be effectively waived in a properly-drafted will, thus saving your executor a great deal of time and your estate the expense.
Another hoop is the estate inventory. Unless properly waived in a will, then the personal representative has to make a “complete and accurate inventory of the probate estate of the deceased.” This is then filed with the probate court clerk. See Tennessee Code 30-2-301 et seq.
Again, this hoop requires a significant expenditure of time on the part of the personal representative – and/or expense if professionals must be paid to complete this work.
I once worked on behalf of a family whose matriarch had died rather unexpectedly. Her will was drafted decades earlier, and didn’t waive inventory. It turned out that she had thousands of antique items – she’d been an avid collector for years. The family was ready to simply divvy everything up and sell what no one wanted, and had even reached agreement on these points. But a full inventory was still required, which took a LONG time to document. The cost was real in terms of time, but also in terms of emotional involvement. The family members weren’t well-served by dealing with this administrative task while in the midst of mourning their loss.
Creating an effective will document, whether your circumstances are simple or complicated, can be a fast and easy process. Just do it.
