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If
you have been appointed executor of a will it is your job
to carry out the wishes of the person who has died.
What
do you have to do as executor?
Your
basic duties are to collect the assets of the person who
has died, pay the debts and then distribute the estate in
accordance with the will.
What
is probate?
Before
you can begin to use your powers as executor you may have
to apply to the court for Probate. Whether Probate is required
depends on the assets in the estate and the value of the
estate. A grant of Probate is a recognition that you are
authorised by the will to act as executor. We liken it to
a passport. It confirms to others that you have authority
to deal with the deceased person's estate.
What if there isn't a will?
If
there is no will you must apply to the court to appoint
an administrator.
What
do you have to do if you have been appointed as administrator?
An
administrator's duties are similar to the duties of an executor.
However, because there is no will, the administrator must
distribute the estate in compliance with the laws that govern
what happens when a person dies intestate (without a will).
How
can solicitors help?
We
are often asked to help in a number of ways. If there is
no will we can help in the application for the court to
appoint an administrator. If there is a will we can assist
the executor to apply for Probate. Sometimes we then simply
assist and advise the executor or administrator of an estate
about his or her obligations. At other times we are asked
by the executor or administrator to take over the full administration
of the estate - to gather in the assets, to pay the bills,
to advise government departments and others of the death,
to organise the final tax return and to do all the other
tasks that come with winding up someone's affairs.
Which
solicitors practise in this area?
Our
solicitors who practise in this area are:
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