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Guide To Executorship!
An executor of the will is basically the person that is named in the will through the deceased for administering the estate after the death. In case there is no will then the court will appoint an executor on the basis of the state law where deceased resided. Executorship can be done in the right manner when he or she is able to fulfill his wishes and obligations to rightly allocate assets to the beneficiaries and makes payments to the creditors of the Will.
The first executorship duty is to identify and collect the assets of the deceased. This refers that he or she needs to find out all assets like bank accounts, retirement accounts, stock, real property and personal property etc that belongs to the deceased at the time of death. Executor requires offering a list of all these assets in the court. Protect these assets through securing them, closing accounts or obtaining insurance as required.
At the time assets are identified if any debts owed by the deceased during the time of death needs to be paid out of the estate. Creditors need to give notice on the executor about the fact and the amount of debt and these ...
... needs to be approved from the executor. In case the amount of debt is more in comparison to assets of the estate then the executor will be required to apportion the payments the creditors approved.
In case the assets remain once the creditors are paid the executorship must distribute those assets to the beneficiaries of the deceased according to the Will. In cased there is no will then the assets will be distributed to the beneficiaries on the basis of the probate code.
Lastly executorship comprises of settling the estate through filing a notice with the probate court that the estate is closed and all the claims of the creditors have been paid and the remaining assets if any are distributed to the beneficiaries according to the state probate code.
These all things will be done by the executor. There are some of the states where they offer payment to the executor for carrying out these responsibilities and duties. However the amount is not fixed. The amount to be paid for this service varies from one state to another.
This is how the executor will take care of all the requirements of the Will and manage it to the best so that everyone gets its share.
WillEffect offers the best Executorship in India. Contact our Will Experts to know more about Writing a Will, Safekeeping, inheritance and a lot more.
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