An executor manages a deceased person’s estate during probate and carries out their wishes per the will or as directed by the court if there’s no will. However, this does not mean they have free rein over the estate. Misuse of funds, whether accidental or intentional, can lead to legal issues.
Understanding what the executor is allowed to spend on is essential to protecting your inheritance and, if necessary, holding the executor accountable. Here’s what you need to know.
Executors owe the estate and its beneficiaries a fiduciary duty
Estate executors are legally obligated to act in the best interests of the estate and its beneficiaries. This includes handling money carefully and only spending on expenses that are reasonable, necessary and related to estate administration. These can include:
- Funeral and burial costs
- Probate fees and legal filings
- Accounting or attorney fees, if needed for the estate
- Property maintenance costs, such as utilities, insurance or repairs
- Debts and taxes owed by the deceased
- Reasonable compensation in line with the law
The executor is not allowed to use estate funds for personal expenses, overpay themselves for their services or make large or unusual transactions without approval from the court or the beneficiaries.
Don’t stay in the dark
As a will beneficiary, it helps to stay informed and involved in the probate process. You have every right to ask the executor questions, request updates and seek clarification about how estate funds are being used. Executors are required to keep accurate records and act transparently, so you shouldn’t hesitate to speak up if something doesn’t sit right with you.
If you notice questionable spending or feel like you’re being sidelined, seek urgent legal guidance to understand your rights and respond effectively.
