Each week we select a legal term or phrase that’s commonly misunderstood, interesting, or may help you live a worry-free afterlife. This week’s word is the latter.

Written by: Jeff W. Richards

Alice, worried that her next trip down a rabbit hole might not end quite so happily, decides to write her will. While doing so, Alice realizes that, in the event of her death, she needs somebody to make sure her wishes are followed. In her will, Alice decides to name her most trusted friend, the White Rabbit, as executor.

An executor is the person named by the individual writing the will (the testator) to execute her wishes regarding the disbursement of her property. Any given executor’s duties will differ, depending on the needs of the estate. Generally, the executor will be responsible for offering the will for probate, and will be responsible for the disbursement of the property to the various persons named in the will. They are also responsible for identifying other potential heirs (for instance, if part of the estate passes by intestacy), collecting and paying any debts owed to or by the estate, and finally for calculating and paying the estate tax. Typically, the executor is also the legal representative of the estate, and therefore can sue or be sued on the estate’s behalf.

As you might imagine, being named executor in a will can be a whole lot of work. Fortunately, most estates are not terribly complex, so the executor’s duties aren’t too burdensome. In the event it is too much, though, a person named as executor can refuse the position, in which case there will typically be an administrator appointed by the probate court.