Executor Duties

Alaska Executor Duties Lawyer

An Alaska executor duties lawyer can assist you if you have been appointed as an executor of someone’s estate and need clarity on the different tasks, responsibilities and duties associated with you.

A personal representative is the individual appointed by the court or within someone’s will to handle all aspects of estate administration or probate. The personal representative has numerous different responsibilities and has a fiduciary duty to act in the best interests of the estate and the beneficiaries tied to the estate. All of these tasks must be completed appropriately and documented so that anyone who has questions about the administration of the estate does not challenge the actions taken by the executor.

It is often in the personal representative’s best interests to hire an executor duties attorney in Alaska to assist them and ensure that all of the appropriate details have been handled in order. An Alaska executor is responsible for:

  • Gathering all property that was owned by the deceased at the time they passed away.
  • Notifying creditors that the person has passed away.
  • Handling debts and taxes associated with the individual’s final affairs or the estate itself.
  • Closing out any final business affairs of the deceased.
  • Transferring property that was owned by the person who passed away to the right parties.
  • Filing any documents required with the federal or state government.
  • Keeping up with any documentations or filings required by the local court.
  • Closing out probate and submitting a final accounting when complete.

As an executor duties lawyer in Alaska can tell you, the personal representative is responsible for handling these different tasks without the approval of a court. The personal representative however, does need to keep the court informed of their progress by filing all required documents.

This is also so that if an interested party, such as a beneficiary to the estate, claims that the personal representative is not doing their job these concerns can be brought to court. Supervised administration, for example, could apply when a personal representative is not handling all of their duties appropriately. Likewise the personal representative can even be removed from probate entirely if the interested party is able to illustrate the case that this person has not handled their role.

Who Is Eligible to Serve as an Executor in Alaska?

Any suitable person who is aged 19 or above is eligible to serve as an executor to an estate. Organizations can also serve as a personal representative for an individual’s Alaska estate. This can include trust companies or banks. If no personal representative is named in the will document of the associated party, personal representative rights apply in the following order.

  • The spouse of the person who died if the will makes a gift to that party.
  • Any party who receives a gift through the will.
  • The spouse of the person who died even if there is no will or the will does not expressly give a gift to them.
  • Any heir of the person who died.
  • Any creditor of the person who died if it has been more than 45 days since the person’s death.

It is the responsibility of the deceased individual to write a will with the support of an estate planning lawyer. This person gets to decide who they want to serve as executor and the court will appoint an executor if no one is named in the will. The person who creates their will can also nominate more than one person to serve together as co-personal representatives. At the same time, if no one is named in the will two or more people who have the same priority as listed above are eligible to serve as personal representatives. If you or someone you know if in the process of serving as a personal representative, finding an executor duties lawyer can help you to understand the role that you play and the importance of adhering to all court required timelines and documentation requests. Schedule a consultation today to learn more about your responsibilities.

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