Can an Estate Executor Delegate His Authority?
Can an estate executor delegate his authority?
Some estate planning attorneys believe that an estate executor has the right to delegate his authority as provided for in the will. In other words, an attorney can recommend that an estate executor hire a professional appraiser and/or auctioneer to help with the sale of personal property and/or real estate. However, many attorneys strongly disagree with this stance. They believe it is clear from the language of most wills that an estate executor is not authorized to delegate his authority. If you are handling a probate, you should consult not only your attorney, but also your accountant and CPA to make sure that you are avoiding mistakes that can be costly at tax time.
Yes, an estate executor can delegate his authority. In fact, it's a good idea to have a written agreement in place to establish the scope of that authority, including the executor's power to delegate tasks. That way, everyone involved will know exactly what he or she is responsible for—and what they can hand off to another person if needed. The agreement should also clarify whether the hired help is being paid for their services and how much.
If you have any questions or need an Estate Lawyer, please call this law firm for a free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
