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Home / Will / Choice Of Executor & Probate

Choice Of Executor & Probate

August 3, 2022 by Brandon McGee

If you choose to use a last will as your primary vehicle of asset transfer your estate is going to have to be probated. Many people are under the impression that the will is something that is only seen by family members, but the reality is that it is going to be examined by the probate court.

Aside from your heirs, there are other entities that may have a stake in the affairs of the estate such as creditors and the tax man. In addition, perhaps unfortunately not all families and blended families are on the same page after a loved one passes away. So the probate court provides supervision as the administration of the estate takes place, and it would also be the forum within which will challenges would take place.

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When we use the term “administration of the estate” it sounds neat and tidy, but somebody actually has to do the legwork involved. This responsibility is undertaken by the executor, and you choose your executor when you draw up your will. If you were to fail to do so the court would be forced to appoint a personal representative to serve this role.

The executor must be a business savvy individual because he or she must take care of paying all the final bills, inventorying the assets, liquidating assets where appropriate, and ultimately preparing them for distribution to the heirs in accordance with the wishes of the deceased.

He or she is also going to have to bring in a probate attorney and in many cases a tax accountant, an appraiser or appraisers, and an estate liquidation company. Plus, the executor is the point of contact for anyone who is interested in how things are going so he or she must be a patient and diplomatic communicator.

Considering all the above, you can see how the choice of executor is an important one. There are professional executors who can be retained who have a thorough understanding of the probate process. You may want to consider going this route if you don’t know anyone who has the time and the skill set that it takes to effectively assume the role.

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Brandon McGee
Brandon McGee
Brandon McGee enjoys a successful law practice focusing on estate planning, elder law, Medicaid preplanning and crisis planning, and probate. Brandon and his team combine legal skills with compassion and understanding to develop estate plans that are personalized to the needs of each of their clients.
Brandon McGee
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Filed Under: Probate, Will

About Brandon McGee

Brandon McGee enjoys a successful law practice focusing on estate planning, elder law, Medicaid preplanning and crisis planning, and probate. Brandon and his team combine legal skills with compassion and understanding to develop estate plans that are personalized to the needs of each of their clients.

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Client Review
May 25, 2021
    

Brandon McGee is knowledgeable, experienced and professional regarding Estate Planning. The entire process of multiple meetings to establish our input, draft and sign documents and fund the Trust were well organized and clearly explained. At completion, we were presented with a very well organized binder with the documents (both paper and electronic) and lists for future action.  In short, we find Brandon McGee and his staff to be competent, professional and friendly. ~ Brian C.

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