Does the Executor of a Will Have the Final Say?

The executor of a will is in charge of carrying out the wishes of the deceased t as they handle the final affairs of the estate. The executor has authority from the county probate court to act in this role, but that doesn’t necessarily mean that the executor has the final say on all decisions. In fact, they’re not usually tasked with much decision-making at all and simply follow the guidelines set forth by the will and other estate planning documents.

A financial advisor can potentially help you create an estate plan that potentially includes a will, trusts and more.

What an Executor Can Do

An executor has the authority from the probate court to manage the affairs of the estate. Executors can use the money in the estate in whatever way they determine best fulfills the decedent’s wishes for the estate. Typically, this will amount to paying off debts and transferring bequests to the beneficiaries according to the terms of the will.

There may be a case where the estate has more debts than it has available assets to pay them. This is what’s called insolvency. If the estate is insolvent, the executor will decide how to readjust things such that all debts can be paid. The executor can even decide if and how bequests should change. This could involve reducing inheritances or liquidating large assets.

The executor of the estate has a big job. Collecting assets, paying debts, and distributing inheritances, all while documenting the process correctly with the courts, can take significant time and energy. This is why executors often receive an executor fee for their services, either through the terms of the will or by state law.

What an Executor Can’t Do

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The biggest limitation on an executor’s actions is that he or she is a fiduciary to the estate. This means executors must act in the best interest of the estate at all times. For every decision you make as an executor, you should be able to explain how that is the best choice for the interests of the estate.

This requirement is intended to curb executors conducting the affairs of the estate in their own self-interest. It’s particularly important when the executor is also a beneficiary. That’s because the law gives executors a good deal of power in directing the assets of the estate. In turn, the court takes this measure to address any potential conflicts of interest.

What Happens If There Is a Dispute?

Beneficiaries may disagree with the contents of a will or decisions that executors make. It’s important to note that attempts to contest a will can be expensive, drawn out, and often unsuccessful. In most cases, beneficiaries can’t go to the court and change the executor of a will simply because they disagree with one or more of the executor’s decisions.

In order for the court to remove an executor, someone (usually a beneficiary) must prove that the executor is engaging in misconduct or is otherwise incompetent. Executor misconduct can take many forms. Examples include a failure to record the will in probate court, failure to pay estate debts, using estate funds for personal expenses, and failure to distribute assets according to the will.

If you can prove to the court that the current executor is incompetent or is mishandling the affairs of the estate, the court will relieve that executor and choose a replacement. If the will names an alternate executor, that will likely be the court’s choice. Otherwise, each court has a priority list of individuals to appoint as executor. The lists vary from court to court, but surviving spouses and adult children are typically very high on the list.

Can You Have Conflicts of Interest With an Executor?

Conflicts of interest with an executor can arise when the person managing the estate plan also stands to benefit from it. Executors often are family members, such as spouses or adult children, who may also be beneficiaries. While this arrangement is common, it can create situations where decisions that are best for the estate may seem to conflict with the executor’s personal interests.

One example of a potential conflict is when the estate does not have enough assets to cover both debts and inheritances. In this case, the executor may have to reduce distributions to beneficiaries, including themselves. Even if the executor is acting fairly, other beneficiaries may feel that choices are influenced by personal gain. This perception can lead to disputes, especially in families already under stress after a death.

Another common source of conflict occurs when the executor has access to estate property or funds for an extended period before final distributions are made. If the executor uses estate assets for personal purposes or delays estate distributions without a clear reason, beneficiaries may suspect misconduct. Courts take such concerns seriously, and beneficiaries can raise objections if they believe the executor is abusing their position.

To reduce the risk of conflict, executors must follow their fiduciary duty to act in the best interest of the estate at all times. They should keep accurate records, communicate clearly with beneficiaries, and avoid any action that could appear self-serving. When disputes do arise, beneficiaries can petition the probate court to review the executor’s conduct. In serious cases, the court may remove the executor and appoint a replacement to protect the estate.

Bottom Line

The executor needs formal authority to spend money from the estate and otherwise manage affairs. That authority isn’t without limits, however. He or she must always be acting in the best interest of the estate. Beneficiaries have the right to challenge that in court, but probate courts frequently rule that the executor has the final say. Like any job, there are systems in place to hold executors accountable and help ensure they aren’t misusing their authority. When you’re naming your own executor, it’s important that you choose someone whom you know to be both highly competent and highly trustworthy.

Tips for Estate Planning

Some financial advisors specialize in estate planning, trusts and other end-of-life planning strategies. This makes them valuable partners for people in that position. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
Larger estates may be subject to estate taxes. If you don’t want your estate gobbled up by taxes, plan ahead. You can gift portions of your estate in advance to heirs or set up a trust.