What is an Executor Not Allowed to Do?

When a person dies, their estate is handled by an executor. This person is often a family member but can also be a close friend, bank, or other entity.

An executor has significant power, but those powers come with strict legal limits. Their job is to protect the estate, they cannot use it for personal gain. When an executor crosses the line, they can be removed, sued, or even held personally liable for losses. Here are the key things an executor is not allowed to do.

They Cannot Use Estate Assets for Personal Benefit

An executor must keep estate funds separate from their own money. They cannot buy items from the estate at a discount, borrow money, or live in estate property rent-free unless the will specifically permits it. Any personal use of estate property is considered self-dealing, which courts take seriously.

They Cannot Hide Information From Beneficiaries

Executors must provide updates, share required documents, and answer reasonable questions. They cannot refuse to disclose:

• Financial accountings.
• Inventory of assets.
• Property valuations.
• Status of probate filings.

Withholding information is a red flag for mismanagement.

They Cannot Ignore the Terms of the Will

An executor has no authority to change who receives assets or alter distributions because they think it is fairer. They must follow the will exactly as written, unless a court orders otherwise.

They Cannot Favor Certain Beneficiaries Over Others

Executors must act neutrally. They cannot:

• Speed up distributions to one person.
• Give one heir access to property while excluding others.
• Let a family member take items before the estate inventory is completed.

They Cannot Delay Administration Without Reason

Probate takes time, but unnecessary delays, such as failing to file paperwork, ignoring deadlines, or letting property deteriorate, can harm the estate. Courts can intervene if an executor stalls the process.

They Cannot Sell Estate Property for Less Than Fair Market Value

Executors must get fair prices for real estate, vehicles, valuables, and other property. Selling to a friend or relative at a bargain price is considered a breach of fiduciary duty.

They Cannot Destroy, Conceal, or Alter Estate Documents

An executor is not allowed to hide the will, change records, or destroy financial documents. Tampering with estate paperwork can lead to legal penalties and sometimes even criminal charges.

They Cannot Pay Themselves Excessive Fees

Executors are entitled to reasonable compensation, but they cannot set their own inflated rate or take payments without proper documentation and court approval where required.

Seek Legal Help

Executors often act like they hold all the power when it comes to distributing an estate, but they need to be mindful of their actions. Some things are unethical and even illegal.

Have questions or concerns about executor powers or the probate process in general? Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A can provide you with sound, knowledgeable advice. To schedule a consultation with our office, fill out the online form or call 954-764-4330.

Source:

smartasset.com/estate-planning/what-executor-cannot-do