Filing the will in the probate court. You must file the will in the appropriate local court even if the will does not state that you must do this. [2] X Research source Determining whether the will needs to be probated. Not every will needs to go through probate. Depending on your state, you may be able to avoid probate altogether by using a “summary administration” procedure or by using informal administration. You will need to consult your state law to determine what non-probate options are available. Finding the deceased person’s assets and keeping them safe. You will need to collect estate property held in the hands of other people. You must also protect them. [3] X Research source This may require that you rent storage facilities. Contacting agencies and businesses. You will need to close various accounts that the deceased had, such as bank accounts, credit card accounts, and various insurance policies. You will also need to contact pension plans, the Social Security Administration, and any other governmental or private organization that paid the deceased benefits. [4] X Research source [5] X Research source Finding creditors the deceased owed money to and paying off legitimate claims. If you know the creditors by name, then you will contact them directly. You will probably also have to advertise in a newspaper where the decedent lived. After you receive claims on the estate, you will have to decide which are legitimate and pay them. [6] X Research source Contacting anyone in debt to the deceased and collecting on the debts. [7] X Research source As the executor, you will need to make sure that you collect on debts owed to the deceased so that this money can be added to the estate and then distributed to beneficiaries. Paying taxes. If the estate owes taxes, then the executor is responsible for making sure that they are paid accurately and on time. Distributing property specifically given to beneficiaries or heirs. The will likely designates specific pieces of property to individual beneficiaries. You will be responsible for coordinating with the beneficiary for delivery or pick-up. Liquidating the remainder of the estate. Some estate property will not be distributed by the will; also, no family members may want them. If this is the case, you need to sell this property and then distribute the proceeds to beneficiaries. Closing the estate. As the executor, you will be responsible for informing the court that all assets have been distributed and you must petition to close the estate.
You will discharge your duty of reasonable care if you use the same amount of care when handling the estate’s property as you would use when handling your own. [9] X Research source You discharge your duty of loyalty when you administer the estate solely in the beneficiary’s interest and not in your own. [10] X Research source State law may impose additional fiduciary duties, which can often be quite specific. For example, California requires that executors disclose assets, properly complete accounting, and distribute assets properly. Virginia requires that executors deal with multiple beneficiaries impartially and that the executor and defend against lawsuits. For a full list of fiduciary duties, you should contact a lawyer.
7% of the first $1,000 of the estate an additional 4% of any amount over $1,000 but less than $10,000 an additional 3% of any amount above $10,000 up to $50,000 an additional 2% of any amount over $50,000. As executor in Oregon, you would also be entitled to 1% of non-probate property, e. g. , life insurance proceeds. [11] X Research source
The amount of time you have to commit. Look over the list of responsibilities and then take a look at the size of the estate. An executor can spend six months or more administering an estate. [13] X Research source How familiar you are with the estate. If you have been helping an elderly parent get his or her financial assets in order, you may be very familiar with the estate already. This familiarity can increase your comfort in the role of administrator and the speed with which you can handle the administration. How well you get along with the beneficiaries. If you are afraid of being second-guessed, or if you think emotional disputes are likely, you may not want to serve. [14] X Research source Whether or not there is anyone else who can do the job or help serve as co-executor. If you think someone would be more competent at the job, you may wish to defer to her or him. You should realize that even if you are named as the executor in a will you can decline. [15] X Research source Also realize that you can stop being the executor at any time. You will need to provide the probate court with a written record of what you have done.
Should you become the executor, some states will require that you hire an attorney. Florida, for example, requires that the estate be represented by an attorney. You can find an experience probate attorney by contacting your state’s bar association, which should run a referral service.
You can first look for the will by going through the deceased’s papers, filing cabinets, or desk drawers. [16] X Research source You can also look in safe deposit boxes or contact the deceased’s lawyer. [17] X Research source Understand what you are looking for. The will should be titled “Will of [Deceased’s Name]” or “Last Will and Testament. ” Sometimes wills may be handwritten. [18] X Research source
In Kansas, a minor may serve as the executor of an estate if named in the decedent’s will. [19] X Research source Kansas Statutes Annotated, Chapter 59 Article 7. Many states do not allow convicted felons to serve as executors. There may be other requirements. Check with your state’s court division. Most states have websites listing the requirements that must be met.
For example, a state could allow a minor nonresident to serve as executor of an estate, if that nonresident minor was named as executor in the decedent’s will.
The process and forms may differ slightly depending on your state. In California, you can use this blank form.
You must also publish the notice in the newspaper where the decedent lived. This alerts creditors to the hearing. [21] X Research source
If you find that you no longer want to continue as the executor, then you should file a petition with the court, in which you explain your reasons. If the court believes that you have “good cause,” then it will name a successor executor. Often, the deceased named a successor executor in the will. If not, the court will hold a hearing and consider other family members for the job.
You can get the form online or by visiting the court in person. Forms vary from state to state, so make sure that the form you fill out specifically references your state.
Not correctly notating the full name of the deceased. Incorrectly completing the information asked for. If you have any questions about completing the application, contact the clerk of the probate court. Many clerks will help potential executors and answer questions.
Be sure to bring sufficient personal identification. Typically, a valid driver’s license or passport will suffice.
You will likely need to include a death certificate for the decedent as well. [23] X Research source
You don’t need to make an appointment, but you should check the hours of the Office either online or by calling. Be sure to make multiple copies of the forms for your own records.
Publish a notice in the local newspaper. Check with the court to ensure you are doing this properly. Send a notice to beneficiaries, heirs and creditors. Alert the court that you have distributed Notice of Application. [24] X Research source
If the will’s testator names an executor in the will, the bond may be waived. This may be the case if the testator specifically states that the executor does not have to secure a bond. A bond is typically required in all other circumstances. That is, a bond is required when the will does not waive the requirement for the named executor. A bond is also required if the will does not name an executor at all. To obtain a surety bond, search online for a company that provides bonds for your area. You can also check with the Clerk of Court, who will be able to recommend a reputable company.
If there are no objections to either the will or your appointment as executor, then there may not even be a hearing.
Consult with an attorney experienced in probate law, with experience in trial work. You can look at the attorney’s website to see if he or she has handled contested wills or appointments before. Be sure to ask about any relevant experience when you meet for a consultation. Also look for certification in probate. Some states will grant specialty certification to attorneys in various areas, including probate. Texas, for example, grants specialization in Estate Planning and Probate. To qualify, the attorney must have demonstrated significant involvement in the field and pass a written exam.
The objector might argue that the will is invalid. For example the will may have been forged or improperly witnessed. [25] X Research source The objector might claim that you are unfit to serve. For example, if you served jail time, then the court could find you unfit. Also, if you lack sufficient mental capacity, then the court may grant an objection to you serving as executor. [26] X Research source
You will probably attend a hearing before the trial. At the hearing, you will learn why the objector is challenging your appointment. You will also set a trial schedule and trial date. Only parties who have a stake or possible stake in the decedent’s estate can challenge the appointment of an executor. [28] X Research source
Your evidence will track whatever the objection is. For example, if the objector claims that the will was improperly witnessed, then you will need testimony from the witnesses. This testimony should affirm that the deceased was in sound mind when he or she signed the will. If your capacity to serve is challenged, then you may need to present evidence of your mental condition. Talk with your lawyer about what evidence you would need.
If you are not appointed, the Judge will appoint another executor in your stead.
