Dictionary Definition
executrix n : a woman executor [also: executrices (pl)]
User Contributed Dictionary
English
Pronunciation
- /ɛˈksɛkjuːtɹɪks/
Noun
- In the context of "chiefly|law": A female executor.
References
Extensive Definition
- This article is about the legal term. For other uses of the term, see Executor (disambiguation).
An executor, in the broadest sense, is one who
carries something out (in other words, one who is responsible for
executing a task).
Executor (female form: executrix) is also a legal
term referring to a person named by a maker of a will, or
nominated by the testator, to carry out the
directions of the will. Typically the executor is the person
responsible for offering the will for probate, although it is not
absolutely required that he or she do so. The executor's duties
also include the disbursement of property to the beneficiaries
as designated in the will, obtaining information about any other
potential heirs, collecting
and arranging for payment of debts of the estate and approving
or disapproving creditors' claims. An executor
also makes sure estate taxes
are calculated, necessary forms are filed and tax payments made, and in all ways
assists the attorney
for the estate. Also the executor makes all donations as left in bequests
to charitable
and other organizations as directed in the will. In most
circumstances the executor is the representative of the estate for
all purposes, and has the ability to sue or be sued on behalf of the
estate. The executor also holds legal title to
the estate property, but may not use that property for the
executor's own benefit unless expressly permitted by the terms of
the will.
A person who deals with a deceased person's
property without proper authority is known as an executor de son
tort. Such a person's actions may subsequently be ratified by the
lawful executors or
administrators if the actions do not contradict the substantive
provisions of the deceased's will or the rights of heirs at
law.
Where there is no will, a person is said to have
died intestate -
"without testimony". As a result, there can be no actual
'testimony' to follow, and hence there can be no executor. If there
is no will or where the executors named in a will do not wish to
act, an
administrator of the deceased's estate may instead be
appointed. The generic term for executors or administrators is
personal
representative.
executrix in German:
Testamentsvollstrecker
executrix in Spanish: Albacea
executrix in Lithuanian: Testamento
vykdytojas
executrix in Dutch: Executeur
executrix in Polish: Wykonawca testamentu
executrix in Russian:
Душеприказчик