Executor
The person named in a will or appointed by a court to manage a deceased person's estate, including paying debts, distributing assets, and handling legal matters such as real estate sales. The executor has legal authority to make decisions about the estate's property and must act in the beneficiaries' best interests.
Example
“As executor of her father's estate, Maria was responsible for selling the family home and distributing the proceeds according to his will.”
Memory Tip
Think 'executor executes' - they execute the wishes in the will.
Why It Matters
Buyers purchasing estate property must verify the executor's legal authority to sell, while executors need to understand their fiduciary duties and potential personal liability when managing real estate transactions. Proper executor documentation is required for valid property transfers.
Common Misconception
Many assume any family member can sell a deceased person's property, but only the court-appointed or will-designated executor has legal authority to handle estate real estate transactions.
In Practice
When a homeowner dies, their adult daughter must petition the court to be appointed executor before she can legally list and sell her father's house. She provides the death certificate, will, and letters of administration to the title company to prove her authority to execute the sale.
Etymology
From Latin 'executor,' meaning 'one who carries out,' derived from 'exsequi' meaning 'to carry out' or 'execute.'
Common Misspellings
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