To summarize, the executor does not automatically have to disclose accounting to beneficiaries. However, if the beneficiaries request this information from the executor, it is the executor's responsibility to provide it. In most cases, the executor will provide informal accounting to the beneficiaries.
There are certain kinds of information executors are generally required to provide to beneficiaries, including an inventory and appraisal of estate assets and an estate accounting, which should include such information as: ... Any change in value of estate assets. Liabilities and taxes paid from the estate.
Current income or principal beneficiaries (beneficiaries who are currently entitled to receive assets) are entitled to an accounting under the California Probate Code. ... Remainder beneficiaries can go to court and ask the court to exercise its discretion and order an accounting.
As a beneficiary you are entitled to information regarding the trust assets and the status of the trust administration from the trustee. You are entitled to bank statements, receipts, invoices and any other information related to the trust. Be sure to ask for information in writing. ... The request should be in writing.
As long as the executor is performing their duties, they are not withholding money from a beneficiary, even if they are not yet ready to distribute the assets.
Whether your situation involves a misbehaving trustee or a misbehaving executor, you should consider filing a petition with the probate court to compel the executor or trustee to comply with the terms of the will or trust.
Much like the CRA can pour over your tax returns with a fine tooth comb, a beneficiary, and later a judge, can review your estate accounting. This is because an executor is required to account for his/her actions to the beneficiaries.
An executor account is an account which allows the executor(s) to gather payments due to the deceased's estate before being distributed to the beneficiaries, such as the proceeds from the sale of a house.
An estate account will list the executor as the account owner, but in their capacity as fiduciary of the estate. The executor can access the funds in the account as needed to pay debts, taxes, and other estate expenses.
Executors are legally required to distribute estate assets according to what the will says. This means that if a beneficiary disagrees with the distribution in the will or other terms the executor can — and must — disregard the beneficiary's desires to carry out the will's requirements.
Once a Grant of Probate has been issued and the administration is underway, the executor – or executors, if there's more than one – must keep accounts of the estate and be ready to show these if you ask for them.
Beneficiaries Rights
Beneficiaries under a will have important rights including the right to receive what was left to them, to receive information about the estate, to request a different executor, and for the executor to act in their best interests.
Allowable administrative expenses that are qualified tax deductions for an executor include attorney's fees, executor's commissions and certain miscellaneous fees such as court costs and accountant fees.
Wills & Probate Solicitors
One of the Executor's duties is to inform all next of kin and beneficiaries of: The deceased's death; The appointment of themselves as an Executor/Administrator; Their inheritance – be it a specific item, cash sum or share of the estate.
As a beneficiary of a Will, you will only have legal rights on your share of the estate but only once the estate has been administered. Although you are entitled to receive updates on the progress of the administration of the estate. A beneficiary is entitled to be told if they are named in a person's will.
To sum up, the executor of a will cannot spend the estate's money. The executor should place all estate funds into an estate account. The executor can only use estate funds to pay the legitimate expenses of the estate, taxes and legal fees.
1. Handle the care of any dependents and/or pets. This first responsibility may be the most important one. Usually, the person who died (“the decedent”) made some arrangement for the care of a dependent spouse or children.
What an Executor (or Executrix) cannot do? As an Executor, what you cannot do is go against the terms of the Will, Breach Fiduciary duty, fail to act, self-deal, embezzle, intentionally or unintentionally through neglect harm the estate, and cannot do threats to beneficiaries and heirs.
An Executor's account enables the estate's executors to gather all the finances from the deceased in one place. If you'd like to open one, please book an appointment at one of our branches – you'll need to take proof of your ID, such as a passport or driving licence, and proof of your address.
The individual must have already completed the probate application and the inheritance tax forms in order to receive the grant or confirmation. Once an individual has the Grant or Confirmation he may then apply at a bank to open this specialised executor account.
Any expenses incurred should be reimbursed by the estate. Final bills are bills for which the full amount can only be paid once the probate process is complete, such as taxes, credit card bills, and medical bills. These bills should only be paid by the executor using money from the estate once probate has concluded.
The executor must notify everybody who has an interest in the estate and what, if any, is their entitlement described in the Will. If the Will, or the authority of the executor is challenged, then the executor may have to provide documentary evidence that they have complied with any legal requirements.
As an executor, you should be able to show this by giving a receipt or invoice that is related to the estate's administration. However, the receipt or invoice need not provide a detailed breakdown of the total charged.
Executor accounting to beneficiaries is expected to take place regularly. At the minimum, it must take place every two years after the date of death and after the most recent accounting. The court has the ability to change the length of reporting intervals.
If two or more executors disagree, it's possible to get an executor removed by the court if it best serves the estate (in other words, to make sure your possessions are distributed as you wanted). When no substitute executor has been named, the court also has the legal right to appoint a replacement.