Paralegal Advanced Competency Exam (PACE) Practice Exam

Which entity typically executes a will after an individual's death?

1. The court executor

2. The surviving spouse

3. The original drafter of the will

4. The state attorney

The correct answer is: The court executor

The entity that typically executes a will after an individual’s death is the court executor, who is often referred to as the executor or personal representative. This individual is usually appointed by the probate court to oversee the administration of the deceased person's estate according to the directions laid out in the will. The executor has the legal responsibility to ensure that the deceased’s assets are appropriately distributed to beneficiaries as specified in the will, pay any debts or taxes owed by the estate, and follow other necessary legal procedures. The executor must also file the will with the court and initiate the probate process, which is the legal procedure that verifies the authenticity of the will and facilitates the distribution of the estate. It's important to note that the executor may not be a family member and can be a trusted friend, a professional, or an attorney, depending on the individual's wishes stated in the will, and on state laws governing probate. The other options involve roles that do not specifically pertain to the execution of the will as prescribed by the court. For instance, a surviving spouse may have a significant role regarding inheritance but does not act as the executor unless appointed to do so. Similarly, the original drafter of the will is typically not involved once the document is executed; their role primarily