A documented review process helps an executor understand which contract facts to verify and which questions to route to counsel.
Key takeaways
- The executor remains responsible for decisions within the authority granted by the will, appointment, court, and applicable law.
- Do not delegate legal judgment without proper supervision.
- Review factual records and escalate legal questions to a qualified professional.
Gather authority
Keep the will, letters, court orders, trust materials if relevant, and estate inventory available to the authorized team. Confirm whether the proposed contract is within the executor's authority.
Check material terms
Review parties, property, price, deposit, contingencies, disclosures, deadlines, title issues, possession, and included items. Compare facts to deeds, tax records, and other source documents.
Manage fiduciary workflow
Document how the transaction serves the estate, preserve approvals and notices, track conflicts, and maintain a complete accounting record. Escalate questions about duties or beneficiary rights.
Close the loop
Before signing or closing, confirm all conditions, signatures, releases, title items, proceeds instructions, and final documents are assigned and evidenced.
Sources and limitations
Executor duties and authority vary by estate and jurisdiction. Obtain advice from the estate's qualified professional.
Sources and limitations
Rules vary by state, document, and transaction. A qualified attorney or other appropriate professional should address legal interpretation, enforceability, tax, title, fiduciary, and recording questions before anyone relies on or changes an agreement.