Probate and Executors


A will is a legal document that details how you want your assets to be distributed after death. If you don’t have a will, it’s up to the state to decide how your assets get divided: they may go to family members or friends, or they may be split among multiple people.

If you die without having written up your wishes, sometimes called dying “intestate,” then your assets will be split up according to state law. This isn’t always ideal if there are specific people in mind that you’d like to receive certain items or if there are some debts outstanding from medical bills or other estate expenses that need taken care of before distributing any remaining funds among beneficiaries.

An executor oversees the process of carrying out someone’s wishes as laid out in their last will and testament (or intestate). They’ll make sure everything is carried out according to plan—from gathering all necessary paperwork into one place so probate can begin through performing various tasks related to settling an estate and distributing assets according to instructions spelled out by the deceased person who wrote up his/her own last will and testament before passing away (and not dying intestate).

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What Does Probate and Executor Mean?

Probate is the process of settling the estate of a person who has died. The executor is responsible for distributing the assets according to the terms of their will, if there is one. If there isn’t, then probate court must appoint an executor.

The executor must file a petition in court to begin this process, which includes listing all property owned by the deceased (including real estate), debts owed by them at death and any claims against those assets that were not paid off before death (for example: medical bills or other debts). An inventory and appraisal form must also be filed with this petition showing what was owned at time of death as well as its current value if any items were sold since then (such as stocks or bonds).

Who Should Be an Executor?

An executor is someone who you appoint to carry out your wishes once you die. The role of an executor can be a challenging one, and it’s important that they have certain qualities.

  • They should be mature enough to deal with the responsibilities involved in being an executor.
  • They should be good communicators and able to manage money effectively – this means they wouldn’t make any mistakes when handling the estate’s finances (for example, paying too much tax).
  • They must have a good understanding of the law so that they know how best to carry out their duties under it without breaking any rules or laws themselves (this includes knowing about inheritance tax).
  • Trustworthy and honest – because this person will likely be handling large amounts of cash or other valuable assets belonging not only yours but also those left behind by other family members too! So if someone has access over these things then there could potentially be temptation towards stealing them away from everyone else involved in order benefit themselves instead.”

How Do You Name Someone to Be Your Executor?

You can name anyone to be your executor. If you don’t have a will and don’t name an executor, the court will appoint one for you. You may want to consider naming a family member or friend who is mature and responsible, but if none of those are available, there are plenty of other options:

  • A professional such as an attorney or accountant
  • A trust company

Distributing assets according to the terms of the will

If you have a will, the executor is responsible for carrying out all of its terms. This includes distributing your assets according to the terms of your will and paying off any debts or taxes that may be owed after your death. The executor must also collect any money that is owed to you, such as insurance benefits or life insurance payouts, and distribute it among beneficiaries named in the document.


If you’re considering naming an executor, we hope this article has helped you understand what the role entails. Remember that there are many factors to consider when making this decision, including your relationship with the person you want to name as well as their ability to handle the responsibilities associated with being an executor. However, if they have all of these things covered then they may be the perfect person for this job! We Buy Houses in Richmond, VA.

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