The appointed executor of a will is the person responsible for paying the debts and taxes of the will’s owner once he dies and then distributing what is left in the estate to named beneficiaries according to instructions of the will. While it might feel like an honor to be asked to be the executor, keep in mind that the responsibilities are far more onerous than being the best man at a wedding.

An executor takes on both legal and fiduciary responsibilities that can have aggravating and even punitive ramifications if not handled properly. The following outlines the responsibilities of being the executor of a will.

Probate

Many formal assets may already have a named beneficiary (e.g., insurance policies, retirement plans, bank and investment accounts); these distribution instructions are outside of and supersede any instructions in a will. All other assets that do not have a separate beneficiary assignment and are not held in a trust must go through the probate court process. It is important to start the process as soon as possible post-death in order to have the legal authority to discharge estate assets. You may require the services of an estate attorney to enter court filings, particularly if you do not live near the departed.

Documentation

First and foremost, you must have the original copy of the will. Ensure you have this or know how to access it when you accept the responsibility as executor. Next, assemble the decedent’s documents to identify all his assets and liabilities, including real estate and personal property. You will be responsible for paying off any outstanding bills and debt, as well as filing tax returns.

Mediator

If the beneficiaries are unhappy with the will’s instructions, the executor is expected to mediate disputes to represent the best interests of all beneficiaries based on the intent of the deceased.

Creditor Claims

The probate process may require or recommend a period of time, possibly six months or longer, during which you may need to place a notice in a local newspaper to alert creditors and debtors that the deceased’s estate has entered probate. This offers ample time for debtors to file claims before the estate assets are disseminated to beneficiaries.

Due Diligence

If the will instructs you to manage the estate’s invested assets, such as money held in a trust, you are required to make prudent investment decisions. For example, just because you personally invest in Bitcoin doesn’t mean that is a fiduciary responsible investment for the decedent’s assets. You must conduct due diligence and have a reasonable rationale for all investment decisions; otherwise, a beneficiary could take you to court for mismanaging the assets. One way to protect your investment decisions is to request that beneficiaries give their approval in writing for any major investment changes you make while managing the assets.

Recordkeeping

Maintain accurate and comprehensive records of all your actions and back-and-forth communications with beneficiaries, investment managers, lawyers, and judicial filings. Record keeping is not just for your benefit; it is considered part of your fiduciary duty as the executor of the will.

Be aware that should your actions as executor come under scrutiny and/or a beneficiary files a court claim that you have been negligent, you could be removed as executor and even be liable for personal restitution and/or punitive damages if a court determines you have been self-dealing. Although unfortunate, this is not an uncommon occurrence.

Responsibilities like this are why many people, particularly those with sizeable estates, choose to name an estate attorney or professional administrator as executor of their will. This allows for a degree of professional distance that can help protect beneficiaries from mismanagement of assets without the emotions associated with naming a close friend or relative as executor.

The executor for a smaller estate is more likely to be administered with ease and can give the owner peace of mind that he’s leaving this responsibility to a trusted friend or family member.