An executor is the one who adminsters an estate and is bound to follow certain fudiciary rules.
The executor is named in will. Probate literally means proving. The probate process is submitting a will to the probate court or register of wills. Once probated, the executor named in the will has power to act for the estate. The executor must follow the terms of the will as it relates to property and generally cannot just give it away.
If you are a beneficiary you would be well served to retain your own estate counsel to protect your rights and inheritance.
Hope this helps.
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An executor is a person appointed by a court to administer a deceased person's estate. In Minnesota, this person is called a personal representative. The probate court in the county in which the decedent resided appoints the personal representative. This appointment results from the submission of an application or petition to the court by an interested person. Probate is the process by which a court determines what a deceased person's assets and liabilities are, who the person's heirs are, whether there is a will, who should receive the assets of the deceased person and who has the authority to administer the estate. No one may give away the assets of the estate without authority and if someone does so before a personal representative is appointed, they may be liable to the estate. Finally, a personal representative or executor has a fiduciary duty to act in a way that protects the best interests of parties interested in the estate. You should consult with an experienced probate attorney if you believe that estate assets are being transferred without authority.
Mr. Henline is licensed to practice law in the state of Minnesota. He has prcaticed for nearly thirty years and his practice focuses in the areas of trusts, estate planning and probate, real property and small businesses. This does not create an attorney/client relationship. This does not constitue legal advice. The response is intended to provide general legal information. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer.