How Is an Executor Appointed and What Does the Executor Do?
Wills and Inheritance Agreements
Prepared by: Constantinople
Short Answer
An executor may be appointed to implement last wishes. Scope, acceptance, asset transactions and accounting follow separate rules. We examine the will and implementation to explain permissible work, extra authority and heirs' claims. Appointment is not equated with unlimited freedom.
You may wish to choose an executor or question an appointee's acts. Trust does not require vague duties. Heirs, beneficiaries and executor may differ in position. We read appointment and express limits first, then acceptance, estate records and acts to explain responsibility and supervision. For a new appointment, we specify workable arrangements.
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.
Appointment, Capacity and Acceptance Are Checked Separately
TMK 550 regulates one or more appointees and capacity when duties begin. Unless refusal is notified to the judge within fifteen days of the magistrate's notice, acceptance is deemed. Naming does not establish actual performance of every duty at every stage. We compare appointment, notice and statements with records; multiple executors require TMK 551 working arrangements too.
Scope Follows the Instrument and Law
Unless the will provides otherwise or limits duties, TMK 552 regulates acts necessary for last wishes. Inventory, administration, claims, debts and partition planning are considered. Executor status alone does not permit unlimited acts. Transfers or creation of limited rights in rem require separate checks under TMK 553.
Supervision and Liability Accompany Implementation
TMK 554–556 regulate termination, judicial supervision and due care. Inability, abuse and gross neglect are examined through specific acts. Dissatisfaction is not equated with breach. We identify duties, timing, records and proof, explaining appropriate supervision or claims.
What Do We Examine in Your Matter?
Appointment Text
We identify appointees, joint or separate action and special limits, checking consistency with the rest of the will.
Acts Performed
We compare inventory, collections, payments and transfers to examine scope, extra authority and notification requirements.
Accounting and Supervision
We assess information and accounts supplied to heirs, specifying complaint grounds, procedural stage and missing records to determine next steps.
Frequently Asked Questions
May the executor sell every asset as they wish?
Under TMK 553, except commitments made by the deceased, transfer or creation of limited rights requires the magistrate's authority. Dispositions sufficient for ordinary expenses require none. Duty scope is also examined.
Can heirs replace the executor themselves?
Appointment, withdrawal, termination and supervision follow different rules. Grounds and acts are examined under TMK 554–555, distinguishing family disagreement from statutory removal requirements.
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Review Duty Scope and Implementation Together
The initial review and second opinion are paid services. The scope, fee and timetable are agreed in writing before work begins.