When someone passes away, handling their affairs isn’t always as simple as it seems. If you’ve been named as an executor in a will, there’s a lot to take in. On this week’s episode of the Elder Law Report podcast, attorneys Jane Dearwester and Haley Matson tackled this very topic — offering a practical “Probate Boot Camp” designed to educate and empower executors to do their job to the best of their ability.
Here’s a summary of the key takeaways every executor should know.
Understanding the Executor's Role
An executor isn’t just a title — it’s a legal responsibility. As Jane explains, “You owe a fiduciary duty to the estate.” That means you’re trusted with managing someone else’s money and assets. Much like a financial advisor or trustee, you’re held to a high standard of care and transparency.
Step-by-Step
Step 1: Locate the Original Will
Your first job? Find the original, wet-ink signed will. A photocopy won’t do. This document must be filed with the Clerk of Court in the county where the deceased lived.
If the original will cannot be located, there are steps that can be taken to probate a copy or a lost will.
Step 2: Qualify Through the Court
Even if you’ve been named in the will, you’re not officially an executor until you’ve been appointed by the court.
- Submitting the will
- Taking an oath
- Possibly posting a bond (unless the will waives it)
Step 3: Notify Heirs and Creditors
Once appointed, the executor must notify heirs and publish a “Notice to Creditors” in a local newspaper for four weeks. This critical step starts a 90-day clock for creditors to present claims, which can then be approved or denied. It’s also an important part of “clearing title” for any assets in the estate.
Managing Estate Debts & Taxes
The executor is responsible for settling any outstanding debts and taxes within the estate. This includes validating creditor claims, paying final expenses, and filing tax returns. Financial accountings must be maintained and submitted to the court periodically, sometimes over the course of several years, especially if the estate is complex.
Potential Legal Challenges
Executors may find themselves in the middle of will disputes, known as will caveats. These can arise from disinherited heirs, claims of undue influence, or questions around the decedent’s mental capacity when the will was signed. As Haley explained, “Anyone who thinks they deserved something often comes out of the woodwork.”
Professional Support and Compensation
While an executor isn’t required to hire professionals, it’s often a wise decision — especially in complex estates. CPAs, attorneys (like us!), and real estate agents can help with everything from asset valuation to court filings. Executors are generally entitled to compensation, up to 5% of the estate’s value, in recognition of their time and effort.
How McIntyre Elder Law Can Help
The probate process can last from six months to several years. Being well-prepared, organized, and supported by professionals can make the difference between a smooth administration and legal nightmare. If you’re planning your estate or have been named an executor, McIntyre Elder Law offers free consultations in their Hendersonville, Charlotte, and Shelby offices.
📍 Offices in Shelby, Charlotte, and Hendersonville
📞 Call us at 1-888-999-6600
🌍 Visit our website: www.mcelderlaw.com
Don’t wait until it’s too late—take control of your future today!
Attorney Jane Dearwester
Elder Law Litigation Attorney
McIntyre Elder Law
Hendersonville, NC
Attorney Haley Matson
Estate Planning & Elder Law Attorney
McIntyre Elder Law
Charlotte, NC
