What Can I Do if the Executor of the Estate Doesn't Pay Me as an Heir?

By Matthew Derrringer

You are due an inheritance, but you have a problem with the way the executor is doing his job. Depending on the estate in question and the laws of the state, the probate process can be quite complex, but there is a structure to the process. Distribution of the assets of the estate to beneficiaries named in the will or to heirs under intestate succession usually come at the end.

The Executor

Probate is the process whereby a person’s estate is administered and distributed after their death. Probate laws vary depending on the state. If a person executed a valid will before they died, an executor was most likely named in the document. The executor is entrusted with carrying out each step of the probate process to ensure the deceased person’s wishes are properly carried out. If a person dies without a will, or intestate, the court will name an administrator to oversee the probate process.

The Executor’s Duties

The executor is expected to marshal the assets of an estate as part of a complete inventory. Depending on the size and overall value of the estate, the executor will pay any applicable taxes and remaining debt to the decedent’s creditors. The funds for these payments are taken out of the estate. If the debt is greater than the value of the estate, individual items can be sold to cover those obligations, which could leave a beneficiary without an inheritance at all. The executor owes a duty to the beneficiaries of the estate to preserve the value of the estate to the greatest extent possible.

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Distribution of the Estate

The length of time it takes to successfully complete the probate process can depend on the complexity of the estate, as well as state law. In most cases, beneficiaries should expect to receive their portion of the estate in a timely manner, but ownership will not transfer until the end of the probate process. Remaining assets are distributed in accordance with the terms of the will or the state’s intestate laws.

Mismanagement

Although you would expect the executor -- especially if chosen specifically by the deceased -- to carry out his or her duties with the utmost care and respect, mismanagement of an estate is not unprecedented. If an heir or beneficiary believes the executor is not fulfilling her legal obligations, a petition can be filed with the court for either a complete accounting of the estate’s assets or removal of the executor in a serious case of mismanagement. An executor who is violating his duties can be held in contempt of court, which can carry fines and even a jail sentence. The heirs or beneficiaries can also pursue a civil lawsuit to recover lost or stolen assets, and legal fees.

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What Is the Meaning of "Executor of an Estate"?

An executor is a person who manages the estate of the deceased, known as the decedent. Also called a personal representative, the executor is typically named in a will. A judge chooses and appoints an estate administrator if a decedent dies intestate, or without a will, or does not name an executor in his will. An estate administrator basically has duties and powers equivalent to an executor. Each state has individual laws regarding estates and executorships.

What Happens When an Executor of a Will Doesn't Carry Out What the Will Asks For?

A last will and testament represents the final wishes of a deceased person, and laws are in place to ensure that the instructions set out in the will are actually carried out. While these laws vary by state, you will find that every state regulates how a will is administered and who is responsible for it.

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When you create a will, you leave directions for your loved ones to follow when distributing your estate. Your benefactors, or beneficiaries, however, don’t receive their inheritances automatically when you pass away. Instead, your estate must go through your state’s probate processes before it can be distributed. Though specific procedures vary among the states, the basic process remains the same in most areas.

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