In settling an estate, executor rights are helpful to the executor. In general, the executor is responsible for managing the estate, paying off debts, paying taxes, and complying with the will in distributing property to beneficiaries. Furthermore, to make sure that the executor can do the job properly, the probate court grants the executor rights. The following is a list of executor rights granted by the probate court:

The List of Executor Rights

Communication:

In general, the executor has the right to contact banks, creditors, accountants, lawyers, and others that served the needs of the decedent during life and would normally keep information about the decedent confidential. Also, executors may communicate with beneficiaries of the estate as mentioned in the article Communicating with the Beneficiaries is Essential for the Executor.

Managing Assets:

The executor has the following rights regarding asset management:

• To pay the estate bills, the executor may sell or liquidate estate assets.
  
• The executor may use estate assets to pay for continuous care on the estate. For instance, the decedent owned a mansion that employed staff to keep up the property. In this instance, the executor can use estate assets to pay the staff and for upkeep of the property.

Hiring Professionals:

An executor is not expected to know every aspect of estate administration. Therefore, executors can hire professionals, such as lawyers and accountants, using estate assets to pay for their services.

Reimbursement:

The executor has the right to reimbursement from the estate for necessary estate administration expenses. The following is a list of expenses that are typical for an estate administration: 

• Postage
• Travel
• Photocopies
• Filing legal documents required by the probate court

Compensation:

In general, if the will provides no compensation for the executor, the executor has the right to compensation from the estate assets. Moreover, how an executor receives compensation varies by state. In some states, probate law allows the executor to take a small percentage of the estate, while in other states, probate law allows the executor a reasonable hourly rate. However, if the executor is also a beneficiary of the estate, it’s not unusual for the executor to waive their right to compensation.

Finally, one last executor right is the right to opt-out from serving as executor. As mentioned in the article Can I Opt-Out from serving as Executor? , an executor can bow out anytime.

Conclusion

In the end, executor rights ensure that the right person is serving as executor and that the process completes properly.

Was this article helpful? Are there other rights I missed? Respond with your comments or questions in the comment area below.

Recommended Reading:

The Executor’s Guide The Executor’s Guide is an excellent reference for an executor going through an estate administration. It will go over topics such as executor responsibilities and rights in more detail.