A duly designated executor of a will possesses a set of rights and duties. Through the exercise of these rights, an executor has the ability to carry out the directives of the will. An executor possesses these rights under the oversight of a probate court.
An executor is the individual designated within a will to oversee all matters relating to the estate of a deceased individual. The appointment of the executor is approved by order of the probate court.
The rights of the executor of a will are derived from two sources. These rights are set forth within the will document itself. Laws, including the Uniform Probate Code, establish rights of the executor.
The net effect of the rights of an executor allow her to deal with the business and affairs of an estate in the manner directed by the deceased individual in his will.
A primary right of the executor of a will is to negotiate a settlement of all of the debts of the deceased individual, including those associated with her last illness.
An executor possesses the right to sell assets in a manner that he deems to be most beneficial to the estate and to the heirs named in the will. This includes the right to sell real estate (with approval of the court).
Once all of the debts of the estate are settled, the executor enjoys the right to distribute the proceeds of the estate to the heirs in a manner consistent with the directions in the will.