What powers does an executor have?
The executor carries out the instruction of the deceased, as set out in his will. Prior to the grant of probate, they are under a simple duty to protect the assets of the estate, but they have no power to deal in any way with the assets by way of converting into cash and distributing. The grant of probate, once it’s been obtained from the probate court, is the authority of the executor to deal with the deceased’s assets, and they then deal with the assets and distribute them in accordance with the wishes of the deceased as set out in his will. They deal with paying to the inheritance tax and if they stray and do something which isn’t one of the deceased’s wishes, they can be held liable by the beneficiaries.
