What to Do If You Are Named As Executor
One of the most important components of making sure a will is handled properly is having a good executor. An executor is someone close to the deceased person who handles the will and makes sure that all of the property named in the document is distributed appropriately. If you’ve been named as the executor in a will, you may be wondering what exactly you’ll need to do upon their death. It can be overwhelming, but with some preparation, you can make the process easier and less stressful. Here’s what you’ll need to do if you are named executor of a will.
– The first thing you will need to do is compile the appropriate documents that you will need for probate court. You will need to find a copy of the will as well as a copy of the death certificate. When you are initially named executor during the creation of the will, it can be very helpful to talk to the writer about where they will be storing the document and how you can access it to make this process go faster. You will then need to officially apply for probate through the court so you can legally begin the other duties that are required of an executor.
– Next, you will need to notify anyone who is mentioned in the will as a beneficiary, as well as any potential legal heirs that may not be named in the will (usually immediate family members). Since this is an urgent matter, be sure to get in touch with them in person or via phone; don’t just send an email as this could get lost in the system.
– You will also need to find creditors in the area and pay off the deceased’s debts. You will not personally be responsible for their debt – you should be able to pay it off using their estate funds. You will also likely need to use the estate funds to pay off some funeral expenses as well as probate fees and other costs incurred during this process. Additionally, you will need to file tax returns for the deceased and make sure everything is in order with the IRS.
– One of the most important parts of being an executor is handling the deceased’s property. You’ll need to make a complete list of their property and make sure it is entirely in your control before distributing it. You may need to have some of the property appraised to find out its true value. Once you have done this, you can then start to distribute the property according to the will. This may involve setting up trusts or selling property to make sure that the beneficiaries get the financials that they are entitled to.
– Once everything from the will has been handled, you will need to close the estate with the court. You will have to file all the appropriate paperwork and make sure that everything has been taken care of correctly before this can happen. The final account must be approved by both the court and the beneficiaries.
For legal reasons, it is extremely important that you keep detailed records of everything that you do during this process. This will help clarify all the actions that were taken in the distribution of property, and ensure that beneficiaries do not take legal action against you. In many cases, it may be helpful to hire a lawyer to help you with this process. Although it is not necessary, they can help you through the process, which will reduce your stress levels tremendously and help you avoid legal trouble as well.