We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What are Executor Rights?

By Daphne Mallory
Updated May 17, 2024
Our promise to you
WiseGeek is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGeek, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Executor rights are those rights granted to the executor of an estate that enable the executor to carry out his or her duties in transferring assets to either named beneficiaries or heirs if there is an intestate probate proceeding. The rights vary according to jurisdictions, but they often include the right to hire professionals to help settle the estate and the right to sell or buy real estate within the limitations of the regional laws and the decedent’s will. They typically also include the right to open a bank account for the purpose of making transactions on behalf of the estate and the right to run the business of the decedent if there weren’t instructions to liquidate it. The executor also has a right to compensation for his or her work on settling the estate, and the probate court is often willing to grant those requests for payment. The estate usually pays the executor fees prior to any final transfer of assets in probate court.

The executor is an individual or company named in the will. When there is no will, a family member or friend often asks the court for the right to act as an executor. The executor cannot exercise any rights until the judge in probate court legally appoints the executor to handle the estate. Executor rights are limited by regional laws, but the decedent may expand those rights in the will. The relationship between the executor and the decedent often reflects how many rights the executor has. For example, if the executor is a surviving spouse or the decedent trusts the executor, then the executor will have more rights according to the will.

Hiring attorneys, real estate agents, accountants, and other professionals is sometimes necessary if the executor is not experienced or equipped to handle certain aspects of the estate or to sell assets. For example, an executor may hire a realtor to sell the decedent’s home in order to distribute the profits among the heirs. Executor rights often include the ability to hire those professionals at the estate’s expense. The funds may be transferred to a bank account that the executor has a right to open for the purpose of paying the professionals, tax agencies, creditors, and beneficiaries. Any bank fees and charges are often reimbursed to the executor.

If a decedent owns a business and wants to keep it in the family, he or she may grant the executor rights to run the business until it’s transferred to the appropriate heir or beneficiary. The other option is to liquidate the business. The decedent may leave the decision to the executor’s discretion.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By anon356789 — On Nov 28, 2013

Before my father died, one of my two brothers and his wife were living in my father's house and were taking care of him. He also had power of attorney. All of our names are on the house which was paid for years ago. Since I am the executrix, do I have the right to ask or see bank statements and where our inheritance went?

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.