Executor's Duty in an Estate

Can the executor of a will keep the entire estate to himself and not distribute it to other named heirs?

In most states, the answer is no. To prove that a will or trust is valid, an executor has to meet certain legal requirements. One of these requirements is that they must act in "good faith" as an agent of the court and as an agent of the person who made the will or trust.

This means that they must do their best to follow the instructions in the will—for example, by distributing the estate per the testator's wishes—and they must be diligent in finding any assets the person may have had that weren't mentioned in the will so that those assets can also be distributed according to what was stated in the document.

Fulfilling the Duty as an Executor

The executor of an estate has a duty to fulfill; they must administer the estate according to law and in accordance with the wishes expressed in the deceased's will. If there is no will or other estate plan, then state law regarding how assets are divided among heirs is up to state law. However, if there is a will, it controls everything and dictates how assets are distributed. Even in cases where an executor decides not to distribute anything—and instead decides to keep the entire estate for himself—this would be deemed illegal under most circumstances.

The courts and lawmakers don't want to allow someone to just pocket everything for themselves; it would defeat one of the primary purposes of making a will or trust, ensuring fair distribution after death, during life if necessary, and minimizing tax liability.


Will and Estate Attorney Free Consultation In Utah

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We help you with Estate Planning, Wills, Trusts, Power of Attorney, Health Care Directive, Estate Administration, Probate and More

Parklin Law - Estate Planning

5772 W 8030 S, # N206

West Jordan UT 84081

(801) 618-0699

https://parkin-law.business.site/

40.605070, -112.027530

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

Location: Logan, UT, USA

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