Wills 101: Can an Executor Decide Who Gets What?

When a testator creates a will, they also name someone in the will who's responsible for carrying out the instructions in it. This person is referred to as the executor or a personal representative. An executor holds a considerable amount of power, making some people wonder if an executor can decide who gets what. However, it’s not that simple. Learn more in the article below.

Administering the Will

Most wills name beneficiaries and how much they are to receive. It’s the executor’s duty to distribute the assets accordingly and as outlined. Even if the executor has personal feelings about what is or isn’t fair and who should receive what, they do not have the power to change what’s in the will, including adding or subtracting beneficiaries. There are various ways that the law ensures an executor isn’t abusing their power and that they are adhering to the decedent’s last wishes.

One of the ways that the law ensures the executor cannot abuse their power is by requiring them to obtain a court order before allocating estate assets. Even if the will is unclear about certain aspects, the executor cannot interpret it as they please. Some decisions or distributions must be court-approved before proceeding with asset dispersal.

Most of the flexibility an executor has in handling the will pertains to handling debt and expenses. They can allocate assets or sell property to pay debts and handle expenses related to estate administration. Everything left over must be dispensed as stated in the will.

What if the will does not name beneficiaries?

If there are no beneficiaries named in the will, then the assets must be distributed according to Alabama laws of intestate succession. The laws of intestate succession distribute an inheritance between the decedent's closest living relatives, according to statute, to avoid the inheritance being escheated to the state.