Are there any restrictions on what an executor can do?

Yes, there are restrictions on what an executor can do in South Carolina. An executor is responsible for administering the estate of a deceased person and carrying out the instructions detailed in his or her last will and testament. As such, an executor is bound by law to act in accordance with the instructions laid out by the deceased. Executors must also act using reasonable care, skill, and caution when managing the estate. They must not act in any manner that is contrary to law such as by committing fraud or taking unfair advantage of the beneficiaries. The executor must also treat all beneficiaries in an equitable manner and comply with the terms of any contracts entered into by the estate. Executors must use assets of the estate to pay debts and taxes due to creditors before distributing the remaining assets to the beneficiaries of the estate. Under no circumstances can an executor use estate assets for his or her personal use. The executor is also responsible for managing funds in the most efficient way possible to ensure the estate is not depleted. In addition, an executor must remain neutral and act in the best interests of the estate and all of its beneficiaries. An executor may not favor one beneficiary over another when distributing estate assets. The executor must also refrain from entering into any significant contracts on behalf of the estate without the approval of the court and provide the court with all documents and information related to the estate.

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