Article · Wills and Estates
Someone Has to Do It: What an Executor Actually Does and How Long It Takes
29 U.S.C. § 1056
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-05-26
- Topic
- Wills and Estates
Someone has to administer an estate, and the person who agrees usually has no idea what they have agreed to. This article explains what a personal representative actually does, in the order they will have to do it, and how long each stage takes. It explains the single most important distinction in the field — probate versus non-probate assets — and why a beneficiary designation defeats a will. It covers appointment, letters, and bond, and the fiduciary duties that attach the moment a person qualifies. It covers the inventory, the creditor claim process, and Tulsa Professional Collection Services v. Pope, which requires actual notice to known creditors. It covers the two tax returns nobody remembers and the deadlines attached to them. It covers accounting and distribution, and the receipts that protect the representative personally. It explains why federal courts will not hear these disputes, and closes with the eleven ways executors incur personal liability.
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