Executor Duties & Responsibilities

Idaho Executor Duties & Responsibilities Lawyer

When a person passes away in Idaho the remnants of their estate still must be managed. This is handled through a process known as probate and the person responsible for managing this is called an executor. In some states this is referred to as a personal representative but the primary purpose is the same.

This is the individual estate administrator who has the responsibility of gathering all of the assets inside the estate and submitting them for payment of creditor claims and taxes. This process involves a long checklist of items that can be made much longer depending on the specifics of the individual estate.

For example, if a person’s estate includes assets that are not easily located, this can significantly delay the executor’s ability to complete their job. When things look complex or when an executor has never played this role before, they often seek to hire the services of an Idaho executor duties lawyer. An Idaho executor duties lawyer provides critical guidance to a person in this difficult situation who must meet the legal requirements of serving as an executor while also keeping beneficiaries updated about estate progress.

An executor is the only person eligible to handle closing out of estate affairs but this does not necessarily mean that beneficiaries and loved ones understand that process or are willing to agree with the steps that the executor has taken. While the executor has authority, they also have personal liability for errors that they make in the process of serving as an executor.

These can come back on the executor in the event that they greatly diminish the value of the estate and represent errors, mistakes or other omissions made by the person serving in this role. An Idaho executor duties attorney should be engaged early on by an executor who is not familiar with this role or someone who needs additional guidance as far as what is expected of them.

Minimizing the possibility for mistakes or claims of breach of fiduciary duty can significantly decrease the stress faced by an individual executor or the likelihood that another party will file a legal claim against this person. It falls to the executor to be clear about their own level of confidence in serving in this role and to keep excellent documentation regarding the actions they took, should these ever become subject to a court case.

If you have never served as an executor before or are worried about conflict within a family, retaining an executor duties attorney in Idaho is one of the best ways to protect your interests and to follow a step by step process for handling probate. If you are not familiar with Idaho’s probate requirements, or will like additional guidance from a person who has assisted others in this circumstance, you have the right and ability to retain a lawyer and a simple act of retaining a lawyer can make you feel more confident about how you are handling the estate and even decrease the possibility of family members lodging claims against you for their errors. It is essential to take this role seriously and to spring into action quickly with excellent documentation throughout the process of being an executor.

Knowing your rights and the proper steps to proceed from an appointment can make things much easier for you in this transition. Especially if the deceased person was also your loved one, make sure you discuss the possibilities of getting help with your case right away. Since property must be secured relatively quickly after your appointment in this role, start taking notes of all the actions you have taken on as part of this process so that you can reflect back and provide proof of the efforts put in as an executor.