When does the Executor's role commence?

[Laramie]

I am trying to find out at what time in the process does the Executor become the executor and if the estate does not go to Probate is he still technically the Executor.

Does he/she become the Executor at time of death?
Does he become the Executor when the will is located?
Does he become the executor when Probate is granted?

If a person is named as executor but because the estate is small and does not have to go to Probate is this person technically the Executor?

 

[Padraigb]

The saying is that "the will speaks from death". It follows that the executor is appointed at the time of death. Obviously, if the will has not been located, there may be a period when the executor is unaware of his legal capacity. It might happen that the nearest kin of the deceased take it upon themselves to deal with things - the obvious matter being to arrange a funeral. It would, in my opinion, be churlish of an executor to make an issue of such things unless something egregious had been attempted.

In a sense, the executor acts provisionally until such time as probate has been granted.

If (a) the estate is small, (b) all the assets can be marshalled without a Grant of Probate, and (c) the beneficiaries are agreeable to the arrangement, then the estate might be finalised without applying for probate.

If you need to ask the last question in your post, I would be concerned that perhaps not all the beneficiaries are agreed.

 

[Laramie]

If (a) the estate is small, (b) all the assets can be marshalled without a Grant of Probate, and (c) the beneficiaries are agreeable to the arrangement, then the estate might be finalised without applying for probate.

Thanks. The beneficiary in my example was the deceased's husband. He would have inherited all of the deceased's estate which was quite small. The Executor named in the will is stating that he was never the executor. He was aware though that he was the named executor in the will. Kept the title but left the work to others to deal with. Does an Executor have to officially state that he does not want to be the executor?

 

[Padraigb]

There is a simple procedure for an executor to decline the role: a written statement to that effect, duly witnessed. The term used for it is "renouncing executorship".

If a nominated executor fails to act, and refuses to renounce, a beneficiary may apply to the Probate Court for the right to execute the will.

But if all the assets passed to the beneficiary without the executor doing anything, is there an issue here other than people feeling a bit annoyed?