Being named executor in a will can feel like being handed a job without instructions. You may need to protect a house, locate financial records and answer family members’ questions while you are also grieving. Understanding what you can do now, what requires court authority and what must wait can prevent expensive mistakes.
In Massachusetts, the person administering an estate is generally called the personal representative. Rhode Island commonly uses executor when there is a will and administrator when there is no will. The responsibilities depend on the appointment, the documents and the law of the state where the estate is being administered.
Start with the will, the assets and the correct court
Locate the original will, obtain death certificates and identify the deceased person’s last residence. Gather a preliminary list of bank accounts, investments, real estate, debts and beneficiary designations. Being named in a will does not, by itself, give you unrestricted authority to withdraw funds or sell property.
Rhode Island has municipal probate courts in its cities and towns. Massachusetts uses the Probate and Family Court and offers several administration procedures. The appropriate filing depends on the circumstances. See Mark’s pages on Rhode Island probate and Massachusetts probate for a starting point.
Protect property and keep estate funds separate
Once you have the required authority, address insurance, access to the home, maintenance and other immediate risks. Determine which assets belong to the probate estate. A jointly owned account, an account with a beneficiary designation and property held in trust may require different treatment; the actual ownership documents matter.
Maintain estate funds separately from personal funds. Keep statements, invoices, receipts and a record of every payment. If you advance money personally, document the purpose and amount rather than assuming reimbursement will happen automatically.
Identify debts before making distributions
Review creditor claims, funeral expenses, property obligations and potential tax filings. If there may not be enough money to pay all obligations, obtain advice before choosing which creditors to pay. Family members’ preferences do not replace the rules governing claims and payment priorities.
Do not assume that beneficiaries can receive the entire estate as soon as money reaches the estate account. A distribution plan should account for unresolved claims, taxes, expenses and any necessary reserve. Estate tax filings and fiduciary income tax filings are separate questions.
Keep beneficiaries informed and prepare the closing records
Clear records make it easier to explain what the estate received, what it paid and what remains. They also help distinguish normal administration delays from problems that need attention.
In Rhode Island, a final account or an authorized alternative is part of completing administration. Under R.I. Gen. Laws § 33-14-1, an affidavit of completed administration may be available when the statutory conditions are satisfied, including the applicable beneficiary releases and evidence addressing taxes, funeral expenses and claims. A release should be considered with the financial records it relates to.
Massachusetts law expressly treats a personal representative as a fiduciary and requires administration consistent with the estate’s interests. The filings needed to complete the estate depend on its procedure and circumstances.
When should an executor speak with a probate lawyer?
Seek advice early if the estate includes real estate, uncertain debts, missing records, a business interest or disagreement among beneficiaries. If you are both executor and beneficiary, separate your responsibilities to the estate from your personal interests.
For an initial conversation, have the will, death certificate, general asset information and any court papers available. The probate consultation checklist explains what to gather. Attorney Mark C. Hamer assists executors, administrators and personal representatives throughout Rhode Island and Massachusetts from his Providence office. Contact Mark to discuss your role and the work the estate requires.