Probate courts in Ohio follow steps similar to what occurs elsewhere in the United States. The reading of a will reveals “who gets what” while also revealing the executor of the estate. Any person who finds themselves named the executor must become aware of the duties the job entails.
Steps to take as executor
Often, the executor is the one who starts the process. They likely know they have been named as the executor. So, the executor’s first step might involve locating the will and bringing it to the probate court. The court could then “open the estate,” and allow probate to commence.
The court would provide the executor with the “letters testamentary” documents that let an executor handle business on behalf of the deceased. Distributing assets won’t be the only responsibility involved. The executor may be using the deceased’s assets to pay off debt obligations and performing other duties.
Executors of the estate may receive payment for their work. Compensation makes sense considering the time and effort an executor puts forth when performing required duties.
Executors and legal guidelines
Executors must be aware they could face legal consequences for not following the will’s directions. An executor cannot lie about the will or distribute assets as they please contrary to what a will stipulates.
What if someone doesn’t want to be the executor of the estate? The individual can turn the job down, and the duties go to someone else. The courts won’t likely force the job on someone. A person disinterested in the duties might not be the best person to perform them.
People with questions about estate administration could direct them the decedent’s attorney. When writing a will, it might be best to consider the person for the executor job carefully.
