An executor cannot make changes to a will. The executor is bound by law to carry out the provisions of the will and has no authority to make any sort of alteration to the will's terms.
According to Caring.com, the duty of the executor is a simple one: to carry out the wishes of the deceased. The executor is tasked with handling the decedent's assets and taking care of the decedent's debts and then transferring assets to the heirs as named in the will. Executors are expected to act with honesty and good faith on behalf of the deceased, not to make any choices about asset distribution.Learn More
To probate a will after death, the executor of the will has to file probate papers, prove the will is valid and supply a list of the deceased's assets and debts as well as the names of the inheritors, notes Nolo. The probate process is often time consuming and expensive.Full Answer >
The percentage of the estate to which an executor is entitled depends on the state law where the will is probated and the terms of the will. Some states use sliding scales, some use percentages and some do not set a specific fee but instead require it be reasonable.Full Answer >
The executor is named in the will as the individual responsible for distributing the assets of the estate, according to William R. Simon Jr. for SAN DIEGO LAW FIRM. Personal representative refers to the executor or administrator. The administrator is appointed by the probate court when no executor is named in the will.Full Answer >
The executor of an estate is responsible for paying all debts and taxes of the deceased and ensuring that all beneficiaries receive their allotted shares of the estate, according to Nolo. An executor does not have to be a legal or financial expert, but he needs to be honest and faithful.Full Answer >