• Skip to main content
  • Skip to primary sidebar
Zimmer Law Firm logo Zimmer Law Firm
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • Communities We Serve
      • Butler County
        • Fairfield
        • Hamilton
        • West Chester
      • Clermont County
        • Milford
      • Hamilton County
        • Blue Ash
        • Cincinnati
        • Loveland
        • Montgomery
        • Sharonville
      • Warren County
        • Mason
    • Our Client Care Program
  • Services
    • Estate Planning
    • Incapacity Planning
    • IRA Inheritance Planning
    • Legacy Wealth Planning
    • LGBTQ Estate Planning
    • Medicaid Planning and Elder Law
    • SECURE Act
    • Special Needs Planning
    • Young Adult Protection Plan
  • Live Events
    • Webinars
  • Resources
    • DocuBank
    • Elder Law Resources
      • Blue Ash
      • Cincinnati
      • Elder Law & Medicaid Definitions
      • Fairfield
      • Hamilton
      • Loveland
      • Montgomery
      • Sharonville
      • West Chester
    • Estate Planning Resources
      • Estate & Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Free Estate Planning Checklist
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Legacy Planning Definitions
      • Top 10 Estate Planning Techniques
    • FAQs
    • Pre Consultation Form
    • Probate Resources
      • Blue Ash
      • Cincinnati
      • Hamilton
      • Loveland
      • Mason
      • Milford
      • Probate Checklist
      • Sharonville
      • Trust Administration & Probate Definitions
      • West Chester
    • Presentations
  • Blog
  • Reviews
  • Contact

Zimmer Law Firm

Estate Planning & Elder Law Attorneys

513.721.1513
Request a Free Consultation
Request a Free Consultation

Google initial with star next to it

  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • Communities We Serve
      • Butler County
        • Fairfield
        • Hamilton
        • West Chester
      • Clermont County
        • Milford
      • Hamilton County
        • Blue Ash
        • Cincinnati
        • Loveland
        • Montgomery
        • Sharonville
      • Warren County
        • Mason
    • Our Client Care Program
  • Services
    • Estate Planning
    • Incapacity Planning
    • IRA Inheritance Planning
    • Legacy Wealth Planning
    • LGBTQ Estate Planning
    • Medicaid Planning and Elder Law
    • SECURE Act
    • Special Needs Planning
    • Young Adult Protection Plan
  • Live Events
    • Webinars
  • Resources
    • DocuBank
    • Elder Law Resources
      • Blue Ash
      • Cincinnati
      • Elder Law & Medicaid Definitions
      • Fairfield
      • Hamilton
      • Loveland
      • Montgomery
      • Sharonville
      • West Chester
    • Estate Planning Resources
      • Estate & Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Free Estate Planning Checklist
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Legacy Planning Definitions
      • Top 10 Estate Planning Techniques
    • FAQs
    • Pre Consultation Form
    • Probate Resources
      • Blue Ash
      • Cincinnati
      • Hamilton
      • Loveland
      • Mason
      • Milford
      • Probate Checklist
      • Sharonville
      • Trust Administration & Probate Definitions
      • West Chester
    • Presentations
  • Blog
  • Reviews
  • Contact

Home Our Blog The Role of the Executor During Probate

The Role of the Executor During Probate

By Barry Zimmer on July 21st, 2022 in Probate

probate attorney

One of the most important decisions you will make when creating your Last Will and Testament is deciding who to appoint as the Executor of your estate. All too often people simply fill in the name of a spouse, family member, or close friend without taking the time to consider if that person is the best person for the job. This tends to happen because people do not realize the numerous, and often complex, duties and responsibilities of an Executor.  To help ensure that you do not make the mistake of appointing the wrong Executor, a Loveland probate attorney at Zimmer Law Office explains the role of the Executor during probate.

Initiating Probate 

As soon after your death as possible, your Executor must locate an original copy of your Will as well as obtain several certified copies of your death certificate. Both of those documents, along with a petition to open the probate of your estate, must be submitted to the appropriate probate court to get the probate process started. Unless your estate is small enough to qualify for an alternative to formal probate, your Executor will likely retain the services of an experienced estate planning attorney to help at this point; however, your Executor will remain responsible for overseeing the probate of your estate. 

Managing Estate Assets

Your Executor must identify and locate all estate assets. All assets, however, are not required to go through the probate process. Consequently, your Executor must review all assets and decide which ones are probate assets and which are non-probate assets. Common examples of non-probate assets include assets held by a trust, proceeds of an insurance policy, and certain types of jointly held property. Your Executor is also responsible for securing and managing all estate assets throughout the probate of the estate. Securing assets might include things such as:

  • Taking possession of vehicles
  • Locking up real estate
  • Speaking to employees at a business and arranging for continued operations.
  • Closing out financial accounts

Paying Estate Claims

Next, your Executor is required to notify all creditors of the estate that probate is underway. Known creditors may be contacted personally; however, notice must also be given to unknown creditors. This is accomplished by publishing a notice of probate in a local newspaper. Creditors then have a statutory period within which they must file claims against the estate. Your Executor must review all claims and approve or deny each one. Approved claims must then be paid out of estate assets. If your estate lacks sufficient liquid assets to pay all creditors, your Executor must decide which assets to sell to raise the needed funds. If the estate lacks sufficient assets to pay all creditors, creditors are paid according to priority.

Defending the Estate

Sometimes, someone files a challenge to your Will, alleging that the Will is invalid for one reason or another. If that happens, your Executor is required to defend the Will throughout the ensuing litigation. Your Executor may also be required to represent your estate if a creditor appeals a denial of a claim. Although your Executor will undoubtedly hire an attorney to represent your estate if the estate does become involved in litigation, your Executor remains responsible for the overall outcome.

Calculating and Paying Estate Taxes

Every estate is potentially subject to federal gift and estate taxes as well as state taxes if applicable.  Your Executor is responsible for calculating, preparing, filing, and paying (if applicable) all state and federal taxes. This can be a cumbersome job that often requires the assistance of additional professionals.

Transferring Ownership and Distributing Assets

At the end of the probate process, your Executor’s last duties include filing a final inventory with the probate court, if required to do so, and effectuating the legal transfer of the remaining estate assets to the intended beneficiaries and/or heirs of the estate.

Contact a Loveland Probate Attorney

For more information, please join us for an upcoming FREE webinar. If you have additional questions or concerns about appointing the right Executor, contact an experienced Loveland probate attorney at Zimmer Law Office by calling 513-721-1513 to schedule your appointment today.

Primary Sidebar

Request a Free Consultation

  • This field is for validation purposes and should be left unchanged.

What Our Clients Say

Some years ago, Barry Zimmer suggested we do a basic estate plan for our son when he went to college. We had no idea how important it would be! In our son's freshman year, he ended up in the hospital, and we were able to get crucial information about his condition because we had a health care ...

Read All Testimonials

Zimmer Law Firm

9825 Kenwood Road
Suite 201
Cincinnati, OH 45242

Copyright © 2025 Zimmer Law Firm
Disclaimer Privacy Policy

 

Make a Payment