- The deceased can appoint an executor in her will, but if the executor can't or won't serve or the deceased died intestate, the county court where she died will appoint one, with her spouse being the preferred choice. If the heirs challenge the choice of administrator, the court can assign a curator to manage the property until the dispute is settled. If the court is unable to appoint an administrator within two months of the death, the judge can appoint the county sheriff to the job.
- Before the swearing-in, the deceased's designated executor or administrator has only the authority to arrange the funeral and to act to preserve the estate from losses. After taking an oath to serve, the executor must compile a list of heirs and of the deceased's property, including an appraisal of any property subject to probate. The executor can use the estate funds to pay for professional assistance. The appraisal forms must be delivered to the court within 90 days of swearing in the executor.
- Once the executor delivers the appraisals, a county fiduciary commissioner will review the information and set a 90-day deadline for unpaid creditors to file a claim. If the estate is worth less than $100,000 or there's only a single beneficiary, there's no need for a commissioner. The creditors must prove the validity of their claims in court; at the end of the process, the commissioner shall present a list of creditors and identify who must be paid first. If the heirs or executor challenge any claims, the executor must reserve money to pay them until after the case is resolved.
- If the will directs the executor not to sell specific assets, the executor can still do so if it's necessary to pay for funeral expenses, estate debts or estate administration expenses. The executor may sell off other parts of the estate if he believes hanging on to them will impair their value. Heirs can sue the executor for wasting estate assets or for the destruction of the estate.
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