For the executor
Probate and settling an estate
If a parent named you executor, you've been handed a job with deadlines nobody told you about.
I handle probate for executors and administrators, whether the will was written by me, by another lawyer or on a form. Many of my clients live in another city; I go to the probate court so they don't have to fly in for every step, and I send a short update every two weeks until the estate closes.
If there's no will, the court appoints an administrator, often a grown child, and the same steps apply with a little more paperwork.
The steps, in the order they usually happen
- 01
Step 1: Find the original will
Not a copy. Check the desk, the safe deposit box and the lawyer who wrote it.
- 02
Step 2: Ask the court to appoint you
We file the will and a petition. Once appointed, you can act for the estate.
- 03
Step 3: Tell creditors and take stock
A notice runs in the local paper, and we list everything the estate owns.
- 04
Step 4: Pay the bills and file the returns
Debts, final income taxes and the estate's own return, from the estate's account.
- 05
Step 5: Distribute and close
Heirs sign receipts, the house is deeded or sold, and we ask the court to discharge you.
Questions executors ask
Am I personally responsible for my father's debts?
No. The estate pays them from what it owns. You can get into trouble, though, if you hand out money to the family before the bills are paid, which is one reason to wait for the creditor period.
Do I have to live in the same state to be executor?
Usually not, though some states ask an out-of-state executor for a bond or a local agent. I'll tell you what applies at the first call.
Can we skip probate if everything was joint?
Sometimes. Joint accounts and accounts with a named beneficiary pass outside probate. If anything is left in your parent's name alone, a short court process may still be needed.
Named executor last week?
Read the week-by-week guide first, or call and tell me what you've found so far.