An executor is an officer of the court, if you will. They have a fiduciary relationship will all parties having an interest in an estate. This means that they have a duty of utmost care to all interested parties to an estate, including: creditors, heirs, and any individual who will receive property from the deceased under terms of a will.

Who is an Executor?

Unless there’s good reason to the contrary, an executor is a person designated by the deceased in her/his will and testament to serve as executor and be appointed as such by the courts.

Should an appointed person be unable to act as an executor, the courts generally appoint the surviving spouse or children of the deceased to act as the executor.

An executor is held to a standard of conduct and trust above that of any stranger or casual business person.

Executors can not be granted to persons under eighteen years of age, anyone who is of unsound mind or has been convicted of any felony.

Every executor must be represented by an attorney. According to Uniform Chancery Court Rule 6.01: “Every fiduciary must, unless he is licensed to practice law, retain an attorney or firm of attorneys to represent, advise and assist him during the whole term of his office, whose compensation will be fixed or approved by the Chancellor. “

Uniform Chancery Court Rule 6.02 provides: “Every fiduciary and his attorney must be diligent in the performance of his duties. They must see to it that publication for creditors is promptly made, that inventories, appraisements, accounts and all other reports and proceedings are made, done, filed and presented within the time required by law, and that the estates of decedents are completed and assets distributed as speedily as may be reasonably possible. In guardianships and conservatorships an attorney must be faithful to both fiduciary and the ward and if it appears to the attorney that the fiduciary is not properly performing duties required by the law then he shall promptly notify the Court in which the estate is being administered. Failure to observe this rule without just cause shall constitute contempt for which the Chancellor will impose appropriate penalties.”

A Helping Hand

As you can see, being an executor is a very important and detailed position. One that takes precise decision and effort. That’s why it’s important to have an attorney that understands these situations.

We are here to help and assist you with any questions you may have.

~ Ronald Morton