Can an executor sign checks for the deceased?
Can an executor sign checks for the deceased?
The executor of an estate is the person who is responsible for settling the deceased's affairs. This can include paying off debts, selling property, and disbursing remaining assets to beneficiaries. Executors are given broad power to act on behalf of the deceased, so long as their actions are within the scope of the will or a court order.
A good executor takes on this responsibility because they know the deceased would have wanted them to act in this capacity. However, an executor should not sign checks for the deceased. An executor's role is to oversee the assets and carry out all responsibilities required by law.
The executor is not considered an agent of the estate, so they are not authorized to make any decisions on behalf of the estate or sign documents which will bind the estate in any way. They can certainly advise beneficiaries and handle any other duties that do not require them to bind or obligate the estate.
The only exception would be if there are no beneficiaries listed in the will, then a court could appoint someone to be an agent of the estate and act on behalf of the deceased as if he/she was still alive. This person would be authorized to sign papers on behalf of the estate, but again only in matters where no binding obligations were involved.
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Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
