Following a person’s death the local Probate Court will appoint an Executor to handle all of the legal matters for the estate. The person named in the decedent’s Will usually is appointed by the Court. Generally an Executor should be willing to serve, have experience with basic financial and legal matters, be organized and be capable of paying attention to details. The Executor may be required to:
- Protect and conserve the decedent’s real estate and personal property pending probate.
- File the Will for probate.
- Make Application to Probate Court to be appointed Executor.
- Determine assets and liabilities and report them to Probate Court.
- Obtain inventories and appraisals of real estate, securities, bank accounts, motor vehicles, household furnishings, personal effects and other assets for probate and taxation purposes.
- Receive interest, dividends and other income payments due the estate.
- Make proper demand and collect all debts, claims and notes due the estate.
- Receive, determine and pay all valid claims against the estate.
- Obtain estate tax waivers.
- Make decisions regarding taxes and file tax returns for federal, state and local income, estate, gift, personal property, real estate and all other applicable taxes.
- Distribute the balance of the estate’s assets to the proper beneficiaries.
- File with Probate Court an Account of all receipts and disbursements made by the Executor.
- Carry out all orders of the Probate Court in matters pertaining to the estate.
A professional Executor, such as a bank or trust company, may be beneficial in certain situations. The “personal touch” can still be retained, however, by naming a qualified relative or a trusted friend as an Advisor to the professional Executor.
If Attorney, Andrea C. Kryszak, can help in providing further guidance in choosing your Executor, please let her know. She welcomes the opportunity to be of assistance to you.
This information is provided as general information only and is not intended as legal advice. Competent legal counsel should be consulted about your particular situation.