So You’ve Been Named the Executor…..Now What?

As if losing a love one wasn’t difficult enough, you now find yourself responsible for carrying out the administration of the estate.  Sure, being named Executor is an honor and reflects the fact that the decedent had a lot of confidence in you to take on the role, but it’s also a whole lot of work and responsibility as well.  Don’t think so?  Take a look at just some of the steps that you’ll need to complete:

Order and obtain the death certificates (How many will you need?  Get at least 20);

Copy the obituary & death notices for further proof of death if necessary;

Determine if the decedent had a safe deposit box;

Put together a comprehensive list of heirs, next of kin and beneficiaries.

Make copies of the decedent’s marriage, birth certificate and military records if applicable;

Locate the original will;

Meet with and hire a trusted, experienced estate attorney;

Formally open the estate and begin the probate process;

Proceed with probate filing and determine if any trusts were created or will be involved;

Determine if the decedent had life insurance and locate the policies;

If there is real estate involved, locate the deeds, mortgages, leases, and other property information;

Secure and take possession of all of the decedent’s personal tangible property including, but not limited to, cars, trucks, boats, recreational vehicles, mobile homes, motorcycles, furniture, fine jewelry, art and other household contents and effects;

Secure and take possession of all of the paperwork related to the decedent’s financial assets including, but not limited to, stocks, bonds, bank accounts, IRAs, CDs, cash, mortgages, notes, pensions, life insurance, etc;

Begin the process of fling insurance claims and obtaining distribution of same;

Determine if there are retirement benefits, annuities, pensions and other financial accounts that will need to be liquidated and distributed;

If possible, get copies of the past several years of the decedent’s state and federal income tax returns;

Stop Social Security payments and determine if any such death benefits are still payable to the estate;

If the decedent was a veteran, file for any burial benefits and survivor benefits that may be available;

Open an estate bank;

Collect any debts and/or other accounts receivable due or payable to the decedent;

Notify Medicare of the death;

Notify the banks where the decedent had accounts of the death;

Notify any stock and/or brokerage account of the death;   and transfer ownership of jointly or solely owned stocks, bonds and mutual funds;

Notify credit card companies and close out and cancel all credit cards;

Notify any and all other potential creditors of the decedent’s estate;

Determine the priority and order in which the decedent’s creditors should be paid;

Sell or transfer title to any automobiles the decedent owned;

Pass jointly owned assets to the appropriate survivors;

Transfer bank accounts and securities to the appropriate surviving joint owners;

Transfer retirement and investment plans to the appropriate designated beneficiaries;

If the decedent owned a business, arrange for the sale, transfer or dissolution of same;

If the decedent was receiving royalties, arrange for the continued management of same and ongoing sales;

If the decedent owned rental properties, arrange for management of the ongoing rents; rental properties, both in- and out-of-state, as appropriate;

If necessary, terminate leases and outstanding contracts of the deceased;

Arrange for the continuing payment of expenses, such as mortgage payments, utility bills, and homeowner’s insurance premiums, until the decedent’s home and other real property is sold;

Notify decedent’s accountant, bookkeeper and/or tax preparer of the death and arrange for the preparation and filing of final state and federal income tax returns;

Prepare and file an estate tax return for estate taxes, or any state inheritance return, if necessary.

Determine whether the estate qualifies for “special use valuation” under the tax laws (IRC § 2032A), deferral of estate taxes (IRC §§ 6161 or 6166), etc.

Pay any federal or state taxes that may be due.

Keep detailed records of all receipts and disbursements made on behalf of the estate, including attorneys’ fees and executor’s fees.

Keep detailed records of time spent and activities conducted on behalf of the estate during the administration of the estate.

When debts and taxes have been paid and all the property distributed to the beneficiaries, the estate may be formally closed by the probate court.

Feeling nervous yet?  You should be.  As you can see there is going to be a whole lot of work involved and the real potential for mistakes to be made.  Do yourself a big favor at the outset and make sure that you hire an experienced and reputable estate attorney to help you with this process.

At American Wills & Estates we’ve been guiding clients throughout Western Pennsylvania through the probate estate administration process with competency, compassion and care for over 25 years.  We handle the majority of the estates that we administer each year on a flat fee basis and provide all of our potential clients with a comprehensive free legal consultation.  Give us a call today at (412) 381-7370 or visit our law firm online at http://www.americanwillsandestates.com You’ll be glad you did.


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Our Services Include

  • Practice Limited Exclusively to Probate Estate Administration, Estate Planning and Real Estate law
  • We Provide the Majority of our Probate Legal Services on a Flat Fee Basis
  • We Offer Free Initial Consultations to all of our Clients
  • We Don’t Get Paid Until the Entire Estate Administration Process is Finished
  • We Guide our Clients Through the Probate Process from Start to Finish
  • We Have Multiple Convenient Office Locations
  • Home, Hospital, Evening and Weekend Appointments are Available Upon Request
  • Losing a loved one is hard enough and we strive to make the whole estate administrative process as simple, straightforward and stress free as possible

If you’ve recently lost a loved one and are trying to find a law firm to guide you through the Probate Estate Administration process, make sure that you speak with our law firm before hiring anyone else. Getting skilled, experienced and caring legal assistance from the start can make all the difference in the world in determining how smoothly and efficiently the estate administration process goes.

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Attorney Profile:

Attorney Welling received his undergraduate degree in Journalism and Communications from Point Park University in 1986 and his law degree from Duquesne University School of Law in 1992. He started the law firm of American Wills & Estates in 1997 and has practiced exclusively in the areas of Probate Estate Administration, Estate Planning and Real Estate law since that time. When not working, Lloyd can be found cheering on the Steelers, Penguins and Pirates; golfing… badly, or walking his three rescue dogs up and down the hills of Mt. Washington.

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Testimonials

I had no idea what to do or who to contact when an estranged family member died. So I did what people do these days and went online and found American Wills & Estates. Lloyd confidently and capably guided me through the process of settling the estate of my family member. He communicated effectively throughout the process and let me know what to expect and the general time frame. I was shocked -- and pleased -- that during our first meeting, he drove us from his office to the prothonotary to file papers naming me as the executor. That really helped me feel like he didn't shilly shally about and wanted to get things moving -- which was a huge relief since I live out of town. Although the estate was a relatively simple one, it was a huge deal to me so having a professional guiding me through the settlement process was very comforting. I am grateful to Lloyd for his assistance. Five stars and two thumbs-up -- thank you, Lloyd.

Jason M. - November, 2019