The executor of an estate plays a vital role in ensuring that the deceased person’s wishes are honored and their assets are distributed according to their will. In Alabama, executors have specific duties and responsibilities that they must fulfill. This blog post explores the role of an executor and what is expected of them.
What is an Executor?
An executor is a person named in a will to manage the deceased person’s estate. The executor is responsible for carrying out the instructions in the will, paying debts and taxes, and distributing the remaining assets to beneficiaries. If no executor is named or the named executor cannot serve, the court will appoint an administrator to fulfill these duties.
Duties and Responsibilities of an Executor
- Probate the Will: The first duty of an executor is to submit the will to the probate court for validation. This initiates the probate process and is a step in the direction of giving the executor the legal authority to act. The authority of an executor is shown by a document called Letters Testamentary.
- Inventory and Appraise Assets: The executor must identify and appraise all assets of the estate, including real estate, personal property, bank accounts, and investments. An inventory of these assets must be filed with the probate court.
- Notify Creditors and Beneficiaries: The executor is required to notify all known creditors and beneficiaries of the estate. For the unknown creditors, this requires publishing a notice in a local newspaper to alert them to file claims.
- Pay Debts and Taxes: The executor must pay any valid outstanding debts and taxes owed by the estate. This includes filing the deceased person’s final tax returns and paying any estate taxes due.
- Distribute Assets: After debts and taxes are paid, the executor distributes the remaining assets to the beneficiaries according to the will. If there is no will, distribution is done according to Alabama’s intestacy laws.
- Maintain Estate Records: The executor must keep detailed records of all transactions involving the estate. This includes receipts, disbursements, and communications with beneficiaries and creditors.
- Close the Estate: Once all duties are fulfilled, the executor files a final accounting with the probate court and requests to close the estate. Upon approval, the executor is released from their duties.
Practical Considerations
Serving as executor requires attention to detail, organization, and patience. The role can take months or longer depending on the size and complexity of the estate. Mistakes can result in personal liability.
Most executors benefit from working with a probate attorney, particularly if the estate involves real property, business interests, disputes among beneficiaries, or contested creditor claims. An attorney can guide the executor through each step and ensure compliance with Alabama probate law.
Alabama Probate Law 
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