No Delegation Fudiciary Duty

Executor Cannot Delegate Fiduciary Duty --You are Responsible--

As executor, you may not delegate your fiduciary responsibility. This duty “not to delegate” is derived from the very nature of your fiduciary position as executor. Obviously, you are entitled to employ counsel, accountants and others to help in your tasks. 

But you have a personal duty to perform the responsibilities of an estate’s executor.
 Even though you may delegate certain administrative or “ministerial” tasks, you have a duty to the beneficiaries of the estate to supervise the conduct of the people you hire.The UPIA allows the fiduciary to delegate certain responsibilities relating to investments. Va. Code 26-45.10. Most often this entail hiring an investment advisor. If an advisor is hired and properly monitored, the fiduciary will not be liable for that advisor’s actions or decisions. In practice, fiduciaries often wonder which duties they must perform. For example, should they prepare the Inventory and Accounting or not? What about correspondence to the beneficiaries? The correct answer will depend on each case, particularly the family dynamics and capabilities of the fiduciary