“Where do I find a good probate lawyer near me?” is usually the first question, followed by “How long can a probate process last?”, “What happens if a person dies without a will?”, as well as “Could somebody explain the differences between conservatorship and power of attorney?”. However, there is also another question, certainly as prominent as the aforementioned, and it concerns all those people appointed executors in a will. Those who become executors rarely know what their responsibilities are. So, here’s our executor of will checklist, listing of the obligations an executor might face.

Copying and filing a will at a probate court

The first item of our executor of will checklist is the most common and basic one, and one that every executor will be faced with. The executor has to locate, read, and understand the will, but he or she is also responsible with filing said will to the local probate court. Following this step, the executor is the person who determines the individuals who are to inherit the property.

Notifying government agencies, credit card companies, and banks

The second on our executor of will checklist is also something every executor has to do. The descendant’s credit card companies and banks have to be notified about the death, as well as some government agencies, such as the Social Security Administration. This step ensures that the companies mentioned are able to take the necessary steps upon an individual’s death.

Setting up bank accounts and paying ongoing bills

If there are any debts owed to the descendant, a bank account set up upon the person’s death can handle all the incoming finances, such as paychecks, or money transactions. Also, an executor has to pay attention to any financial obligations the descendant might have had, such as unpaid utilities, mortgages, etc. and make sure they are settled during the probate process. Again, a very important step of the executor of will checklist.

Paying the taxes and debts of the estate

An equally important step, tightly related to the previous one, is taking care of all and any remaining debts or taxes that may have been left behind by the descendant. It is the executor’s job to file the current year’s income tax return, as well as settle state or federal taxes if the estate is large enough.

Filing an estate asset inventory to the court

This is not obligatory in some US states, but it is in many, so it finds its way onto our executor of will checklist. In the majority of states, including California, the court demands that the executor submit a very detailed inventory of all the assets the probate estate comprises. A daunting task, certainly, but one made a lot easier with the right probate lawyer helping you.

Deciding upon the type of probate

Yes, it is also up to the executor to determine which kind of probate process is best for the given situation, as well as whether a probate process is necessary at all. Although it is always advisable to hire a top-notch probate lawyer and take your time through the probate process, some properties can be passed without a probate process, e.g. a property jointly held by a wife and a husband. Although this is a task on the executor of will checklist, we, again, encourage consulting with an experienced probate lawyer.

Maintaining the property prior to distribution

Distribution of property does not happen overnight. The length of a probate process can vary significantly, depending on the parties involved in it. It is up to the executor to maintain the descendant’s property until it is time for it to be distributed. This can include anything from keeping up a home to keeping a safety deposit box safe and secure.

Distributing assets and disposing of the remaining property

Although penultimate on our executor of will checklist, distribution of property is among the most important obligations an executor has. Distribution is a pretty straightforward process, as all the executor needs to do is follow the wishes that have been expressly stated in the will. Also, if any property is left after distribution and tax and debt payment, it is up to the executor to dispose of it.

Representing the estate in court

Finally, it may be deemed necessary for the executor to represent the estate in the court. Due to the varying complexity and size of different estates, the job of the executor can be easy and linear, but it can also become increasingly difficult. If it comes to this, there is no better course of action than asking for advice of a seasoned probate lawyer. Court can be a menacing place, and factoring in the fact that most executors are unfamiliar with the nuances of probate law means that assistance is greatly appreciated.

“OK, now I know what my executor of will checklist is, but I’d still like to consult a probate lawyer.” Why not come to our firm?

Irina Sherbak of Law Offices of Irina Sherbak has comprised a team of the most experienced, committed, and diligent probate lawyers in San Diego, and is the perfect person to turn to if you ever need advice or assistance with all the matters concerning this aspect of law. We are here to help you with all your uncertainties and problems, so feel free to contact us per your convenience or come to our offices directly.