Paralegal Advanced Competency Exam (PACE) Practice Exam

What role does an executor play in the probate process?

1. A person who writes the will

2. A representative who ensures that the will is properly executed

3. A third party that audits the estate

4. A lawyer who provides counsel to the beneficiaries

The correct answer is: A representative who ensures that the will is properly executed

The executor serves a crucial role in the probate process as the individual responsible for ensuring that the decedent's wishes, as outlined in their will, are fulfilled according to the law. This includes gathering the deceased person’s assets, settling debts and liabilities, and distributing the remaining estate to the beneficiaries as specified in the will. The executor acts on behalf of the estate, which means they must adhere to specific legal standards to manage the probate process effectively and in compliance with state laws. In this capacity, the executor is tasked with various administrative duties, including filing the will with the probate court, inventorying assets, managing financial matters such as paying taxes and debts, and ultimately distributing the estate to beneficiaries. Their responsibility is fundamental because they ensure that the process is not only carried out legally but also aligns with the intent of the deceased, thereby preventing disputes and misunderstandings among heirs. Understanding this role emphasizes the distinction between the person who writes the will (the testator) and the executor, who implements the will’s provisions posthumously. An executor is not an auditor of the estate nor is it typically their role to provide legal counsel to beneficiaries; those functions would involve different professionals or roles within the probate process.