An executor, sometimes calls an administrator, is assigned to the estate after a person dies. The role of the executor is to appropriately close the estate, gathering assets and debts, notifying legitimate heirs and paying any taxes and fees associated with closing an estate. Even if a legitimate last will and testament names you as the executor of the estate, approval of the probate court trustee is required before you can proceed with settling the estate.
Obtain a death certificate from the county record's division, morgue or hospital where the deceased was pronounced dead.
Locate the original copy of the last will and testament if one exists. Check home desks, file cabinets or safe deposit boxes. Note that the deceased's bank will not authorize you to look into the deceased's bank accounts unless you have a death certificate.
Read the last will and testament to see if an executor is named. You can still petition to be the executor if there is no will or no executor is named.
Go to the probate court division at the courthouse in the county where the deceased resided prior to death.
Obtain the proper petition to be assigned as estate administrator. Each county uses different forms and has its own protocol and fee schedule. Check with the clerk for the proper forms and fees in your county.
Complete the petition and file it with the clerk. Include a copy of the will if it exists. Obtain a hearing date to confirm yourself as the executor.
Notify all known beneficiaries in writing and next of kin about the death, your petition and the hearing date.
Attend the confirmation hearing and deal with any objections to your appointment if they arise. Obtain the court appointment or certificate -- the appointment is required to proceed with gathering and liquidating assets.
References
- EstateSettlement.com: Steps in the Probate Process
- Fedele and Murray, P.C.: Probating an Estate
- Lawyers.com: Executors
- Judicial Council of California. "Wills, Estates, and Probate - What Is 'Probate'?" Accessed April 27, 2020.
- Mergen Law LLP. "Definition: Executor and Executrix." Accessed April 27, 2020.
- Superior Court of California, County of Santa Clara. "What if There Is No Will?" Accessed April 27, 2020.
- Superior Court of California, County of Santa Clara. "How Long Does Probate Take?" Accessed April 27, 2020.
- Superior Court of California, County of Santa Clara. "Does the Court Supervise the Personal Representative?" Accessed April 27, 2020.
- Office of the Executive Secretary, Supreme Court of Virginia. "Probate in Virginia - What Are the Basic Duties of an Executor or Administrator?," Pages 4-5. Accessed April 27, 2020.
- New York State Unified Court System. "Probate." Accessed April 27, 2020.
- Superior Court of California, County of Santa Clara. "When Can a Will Be Contested?" Accessed April 27, 2020.
- Judicial Council of California. "Wills, Estates, and Probate - Step 1: Figure Out Who Will Be the Estate Representative." Accessed April 27, 2020.
- California Legislative Information. "Probate Code §8461."Accessed April 27, 2020.
- Alaska Court System. "Letters of Administration and Letters Testamentary." Accessed April 27, 2020.
- Alaska Court System. "Are Individuals and Businesses Protected if They Deal With the Personal Representative?" Accessed April 27, 2020.
- Alaska Court System. "How Do I Find Property Owned by the Person Who Died?" Accessed April 27, 2020.
- Superior Court of California, County of Santa Clara. "What Does the Personal Representative Do?" Accessed April 27, 2020.
- Alaska Court System. "How Do I Manage Financial Accounts and Cash?" Accessed April 27, 2020.
- Alaska Court System. "Inventory of Property, P-370." Accessed April 27, 2020.
- Alaska Court System. "What Is the 'Information to Heirs and Devisees?'" Accessed April 27, 2020.
- Judicial Council of California. "Wills, Estates, and Probate - Step 2. As Estate Representative, Start Gathering Information and Fulfilling Your Duties." Accessed April 27, 2020.
- Federal Trade Commission. "Debts and Deceased Relatives." Accessed April 27, 2020.
- Superior Court of California, County of Santa Clara. "How Do Creditors Get Paid?" Accessed April 27, 2020.
- Alaska Court System. "How Do I Reject a Claim?" Accessed April 27, 2020.
- Alaska Court System. "What Happens After I Send the Notice of Disallowance?" Accessed April 27, 2020.
- Legal Information Institute. "26 U.S. Code § 2032. Alternate Valuation." Accessed April 27, 2020.
- Internal Revenue Service. "Estate Tax." Accessed April 27, 2020.
- Tax Foundation. "Does Your State Have an Estate or Inheritance Tax?" Accessed April 27, 2020.
- Superior Court of California, County of Santa Clara. "How Are Taxes Handled in Probate?" Accessed April 27, 2020.
- Alaska Court System. "Do I Have to File a Federal Income Tax Return for the Person Who Died?" Accessed April 27, 2020.
- Superior Court of California, County of Santa Clara. "What Must I Do to Close the Estate?" Accessed April 27, 2020.
- Alaska Court System. "Does the Personal Representative Have the Right to Be Paid?" Accessed April 27, 2020.
- Superior Court of California, County of Santa Clara. "If I Serve as Executor, Will I Get Paid?" Accessed April 27, 2020.
Writer Bio
With more than 15 years of professional writing experience, Kimberlee finds it fun to take technical mumbo-jumbo and make it fun! Her first career was in financial services and insurance.