Are there any restrictions on what an executor can do?

In Indiana, an executor is someone appointed to manage the estate of the deceased. This person is responsible for carrying out the wishes of the deceased as outlined in their will. As such, there are restrictions on what an executor can do when administering the estate. The executor must first obtain a court-granted Probate Order which legitimizes their authority. Once the executor is appointed, they must then identify and list all of the deceased’s assets and debts. They must follow the specific instructions outlined in the will and are not allowed to speculate or make assumptions. When it comes to distributing assets, the executor must divide up the estate in accordance with the will as well as any applicable state laws. These laws vary by state, but in Indiana, the devises must follow the Indiana Code, which outlines the distribution of the estate’s assets. The executor cannot make any gifts or otherwise distribute assets to themselves or other individuals not specified in the will. Furthermore, they are not allowed to alter or disregard the terms of the will. Before signing off on any payments or distributions, they must also make sure that appropriate taxes, fees, and debts have been paid. Overall, an executor is responsible for carrying out the wishes and instructions outlined in the will. They must follow the law and the court orders, and must not act in any manner that conflicts with the will. Doing so may result in the executor being removed from their position and may open them up to legal action.

Related FAQs

What happens if there is no will?
When is probate required for real estate?
Can I challenge a will?
What are the requirements for a valid will?
How do I contest a will?
How is an estate distributed if there is a will?
How are creditors paid in probate?
How is a will interpreted?
What do I need to do to open probate?
Can probate be expedited?

Related Blog Posts

What You Should Know About Probate Law - July 31, 2023
Probate Law: A Comprehensive Guide - August 7, 2023
Common Issues in Probate Litigation - August 14, 2023
The Benefits of Hiring a Probate Lawyer - August 21, 2023
What is Intestate Succession? - August 28, 2023