When a person passes away, their assets and property must be distributed according to their wishes. This is typically outlined in a will, and the person responsible for carrying out these instructions is the executor. But how much power does an executor actually have? Can they decide who gets what, or must they follow the will exactly?

What Is an Executor?

An executor is the person named in a will to manage the deceased’s estate. This role comes with several responsibilities, including filing the will with the probate court, settling debts and taxes, and distributing assets to beneficiaries. While the executor has authority over the estate, they do not have the power to make arbitrary decisions about who receives what unless the will gives them specific discretion.

Does the Executor Have the Power to Change Beneficiaries?

No, an executor cannot change who receives assets. Their job is to follow the instructions in the will. If a will states that a specific person is to receive a certain asset, the executor must honor that direction. They do not have the authority to remove or add beneficiaries or redistribute assets based on personal preference.

When Does an Executor Have Discretion?

There are situations where a will may be unclear or provide flexibility in how assets are distributed. For example:

  • The will may instruct the executor to sell certain assets and divide the proceeds among beneficiaries. In this case, the executor can decide how and when to sell those assets.
  • If the will states that multiple beneficiaries should receive equal shares of an asset that cannot be divided, the executor may have to make decisions about how to distribute the value fairly.
  • Some wills give executors the power to use their judgment in distributing personal belongings, such as household items or jewelry, when no specific instructions are given.

What Happens If an Executor Acts Outside Their Authority?

If an executor goes against the instructions in the will or acts unfairly, beneficiaries can take legal action. This may involve:

  • Contesting the will in probate court
  • Requesting the removal of the executor
  • Suing the executor for breaching their fiduciary duty

Executors have a legal obligation to act in the best interests of the estate and its beneficiaries. If they fail to do so, they can be held accountable.

Can an Executor Keep Assets for Themselves?

No, unless the will specifically states that the executor is entitled to certain assets, they cannot take anything for themselves. Executors are responsible for managing the estate, not personally benefiting from it. If an executor improperly takes assets, they can face legal consequences.

What If There Is No Will?

When someone dies without a will, the estate is distributed based on state intestacy laws. In North Carolina, this means that assets are divided among the closest relatives according to a legal formula. The court will appoint an administrator (similar to an executor) to handle the estate. This person must distribute assets according to state law rather than personal judgment.

Final Thoughts

An executor plays a critical role in ensuring that a deceased person’s wishes are carried out. However, they do not have the power to decide who gets what unless the will grants them discretion. If you have concerns about how an executor is handling an estate, it’s important to seek legal advice.

If you need assistance with estate planning or probate matters, contact Salines-Mondello Law Firm, PC at (910) 777-5734. Our team in Wilmington, NC, is here to guide you through the process and protect your interests.