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5 common challenges executors face and how to overcome them

On Behalf of | Oct 14, 2024 | Probate Litigation |

Serving as an executor of an estate is a significant responsibility. Executors must navigate a range of legal and financial tasks, often while dealing with their grief. Here are five challenges executors face and how to manage them.

1. Dealing with family disputes

Family disagreements can arise over the distribution of assets. To prevent conflicts, maintain clear and open communication with all beneficiaries. Document all decisions and actions taken. Seek mediation if disputes escalate.

2. Understanding legal responsibilities

Executors must comply with California probate laws, which can be complex. To avoid legal pitfalls, familiarize yourself with the basics of probate law. You may also contact legal professionals who can clarify and ensure executors meet all legal requirements.

3. Handling debts and liabilities

Executors must pay the deceased’s debts before distributing assets. This can be challenging if there are limited funds. Create a detailed inventory of assets and liabilities. Prioritize debt payments according to state law and seek professional advice if necessary.

4. Managing real estate

Real estate can be a significant part of an estate. Executors may need to maintain, sell or transfer property. Obtain a professional appraisal to determine the property’s value. Consider hiring a real estate agent to assist with the sale process.

5. Keeping accurate records

Executors must keep detailed records of all transactions and communications. This can be time-consuming but is essential for transparency and accountability. They should use accounting software or spreadsheets to track expenses and distributions and regularly update beneficiaries to keep them informed.

Seeking professional help

The responsibilities of an executor can be stressful and overwhelming. If you are an executor and related to the deceased, it can be even more difficult to manage the legalities while dealing with the loss. With the proper legal guidance, you can handle these challenges effectively and meet all requirements, giving you peace of mind during a difficult time.

Suzanne P. Nicholl
Rated by Super Lawyers


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