I have been appointed as an Executor of a will - what do I do now?

What is an Executor?

When someone writes a will, that person, known as the Testator, should name one or more individuals to deal with that person's estate following their death. This person or persons become known as the executors (sometimes referred to as "their personal representatives") Acting as an executor is an especially important job. Not only is that person dealing with the death of someone who was, in all likelihood, close to them , the Executor also has to come to terms with the complexities of the role. In most cases, the Testator appoints an immediate family member as executor and, in general, this matter is discussed between the Testator and the proposed executor before the Testator dies but this does not always happen.

Can more than one Executor be appointed?

Yes - in fact there is no limit to the number of executors that can be appointed, and it is always advisable to appoint more than one.

Does the Executor have to act?

If you have been appointed as an executor of someone's will, you have three options once the Testator dies:

A. You can decide to take on the role of executor.

B. You can renounce the role of executor.

C. You can reserve your right to act as executor in the future.

There is no legal obligation to accept the role but once the role is accepted and the Grant of Probate has been issued by the Probate Office, you cannot resign as executor without an order from the High Court. The Grant of Probate is a document issued by the Probate Office endorsing the appointment of the executor named in the will giving that executor the authority to deal with the deceased's estate.

If you renounce (in other words, you decide not to act as executor) you may not act as executor at any stage after that.

As mentioned, you may also reserve your right to act as executor. By doing so, you step aside from being involved in the administration of the estate but if, at a later stage, you wish to get involved then you may do so.

Does the Executor get paid?

The Executor is not entitled to payment from the estate other than reasonable costs and expenses e.g., postage, travelling expenses etc. It is also worth noting that the Executor may also be a beneficiary.

An executor cannot delegate their authority to a third party. However, an executor is entitled to hire experts such as accountants, solicitors and auctioneers to assist them.

Is there a time limit in the administration of the estate?

The Executor should finish the process as soon as is reasonably possible. Ideally it should be completed within one year of the death. This is known as "the Executor's Year." After the expiry of "the Executor's Year", the beneficiaries may take action against an executor who has not carried out his or her duties under the will.

If I decide to act as executor, what are my duties?

The main duties of an executor are as follows:

• Arranging for the disposal of the body and the funeral of the deceased.
• Gathering up and listing the extent and value of the assets of the estate.
• Protecting and preserving all assets of the estate which, in particular, would involve insuring the dwelling house and lands.
• If needed, selling assets of the estate.
• Settling any claims that might be outstanding against the estate, for example, the Revenue Commissioners may be owed historic income tax or capital gains tax or a deceased may have wrongly claimed a social welfare payment during his or her lifetime and, if so, the Department of Social Protection will need to be reimbursed from the estate in respect of the incorrect payments.
• Writing to all beneficiaries mentioned in the will.
• Distributing the assets of the estate to those entitled as per the deceased's will.

What complications may arise during the administration?

Unfortunately, not all administrations are straightforward, and certain complexities may arise such as:

• If the Deceased dies with a considerable amount of debt which might exceed the value of the estate
• Some of the beneficiaries may be based abroad and it may be difficult to trace them.

If anyone has any other queries concerning the executor's role, I would be happy to help in any way I can.