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Executors and beneficiaries have a unique relationship under the law. An executor manages a deceased person's estate and a beneficiary is an individual who will inherit that property. While the executor and beneficiary can be the same person, you should give it some thought when drawing up your Will.
If the personal administrator decides to pay creditors from an insolvent estate, they must do so in the following order. Secured creditors. Reasonable funeral, administration and testamentary expenses. Testamentary expenses can include things like probate fees and solicitor fees.
First, the person who makes the will, also known as the testator, can name an individual to be the executor. The testator would stipulate this appointment in the will. Once the testator passes away, the named executor may have to submit a petition to the appropriate probate court to be confirmed as the executor.
Every state sets the priority ing to which claims must be paid. The estate's beneficiaries only get paid once all the creditor claims have been satisfied. Usually, estate administration fees, funeral expenses, support payments, and taxes have priority over other claims.
Executors basically are a beneficiary's only conduit of information when it comes to the estate of their loved one. As a result, they have a responsibility to keep beneficiaries reasonably informed about the activities of the estate and transactions made on its behalf.