An executor or administrator is a fiduciary, not the personal owner of estate assets. The office carries duties to preserve property, follow the grant and account to those interested in the estate.
1. Take control without mixing assets
Secure property, records, accounts, insurance and valuable documents. Use a separate estate account where appropriate and avoid mixing estate funds with personal money.
2. Prepare an accurate inventory
- Immovable property and occupancy details.
- Bank accounts, deposits and securities.
- Business interests, receivables and digital assets.
- Jewellery, vehicles and valuable movables.
- Loans, taxes, litigation and other liabilities.
3. Preserve and value assets
Arrange reasonable security, maintenance and insurance. Obtain supportable valuations before sale, distribution or court reporting.
4. Pay liabilities in lawful order
Verify claims instead of paying informally. Preserve reserves for taxes, expenses and disputed debts, and avoid premature distributions.
5. Keep accounts and communicate
Maintain vouchers, statements, correspondence, valuation reports and a distribution ledger. Beneficiaries should receive accurate information, subject to privilege and court directions.
6. Address misconduct or incapacity
Section 301 empowers the High Court to suspend, remove or discharge a private executor or administrator and provide for succession to the office. Grounds may include conflict, misuse, prolonged inaction, refusal to account or inability to administer, but removal is a serious remedy based on evidence and estate welfare.
Frequently asked questions
Can an executor charge fees?
Entitlement depends on the will, law, court order and properly documented expenses; personal extraction is not permitted.
Can beneficiaries demand accounts?
Interested persons may have rights to information and accounts, depending on the grant and proceedings.
Can an executor buy estate property?
Self-dealing creates serious conflict concerns and should not occur without clear legal authority and safeguards.
Official legal references
- Indian Succession Act, 1925 — especially sections 273 and 276–301.
- Calcutta High Court Registry — Original Side Testamentary Department.
- Calcutta High Court gazette notifications and Original Side Rules.
Read the Kolkata probate cluster pillar.
Related checklist: Probate petition documents and filing steps.
Related Kolkata Legal Service guidance
- Calcutta High Court lawyer services
- Calcutta High Court Original Side lawyer
- Property title verification in Kolkata
- Contact Kolkata Legal Service
Important: General information only, not legal advice. The correct forum, grant, valuation, caveat procedure, evidence and court requirements depend on the will, estate, parties and current rules.
