Imagine
this … you've been nominated as the executor of your best friend's
will. You feel honored and at the same time begin to worry about what
this means and how do you uphold the responsibilities of your
potential future duties.
In legal terms, an executor is responsible for settling a deceased
person's estate. In other words, you need to probate the estate. Your
duties will include taking an inventory of all this person's
possessions, arranging for appraisals, paying taxes, settling all
debts, and distributing assets. Your utmost responsibility is to act
in the best interests of the deceased and follow the wishes expressed
in the will (assuming there is a will).
Being an executor can be a lot of work. There are time sensitive
details to follow up on and you may also need to help defend the terms
of the will against challenges either from heirs or outside parties.
You don't have to go through the process alone though … you may seek
professional help such as, attorneys to help with probate or an
accountant to help file taxes, and some of these expenses may be
charged to the estate.
4
Basic Steps to Probate
1. To initiate the probate process, you must file an application to
appear before the probate court in the county in which the deceased
person lived. This is the formal process of proving the authenticity
of the will and confirming your assignment as executor. When you
appear in court, you should bring the original signed will and
certified copy of the death certificate. Also, be prepared to pay any
court costs (which you can then charge to the deceased estate).
2. Once the court authorizes you as the executor of the estate, you
should notify all parties, including heirs and those named as
beneficiaries of the will that you have applied to the court and you
will be managing the estate.
3. Once the court validates the will, you may begin to pay taxes and
other claims against the estate and distribute assets to
beneficiaries.
4. To finalize the estate, you will need to file papers with the
probate court. You may need to show the court that you've sent notices
to all concerned parties, you filed and paid all estate debts and
federal estate taxes within nine months of the date of death, and you
distributed the remaining assets to designated recipients. One of the
best ways to prove that you distributed assets according to the will
is to ask each beneficiary to sign a receipt.
Once the probate court recognizes
you completed these steps, the court will release you from further
responsibility as executor.
Small
and simple probate will typically take six months to complete in most
states. Larger or more complicated estates may take a year or longer
to settle.
Hopefully, we've taken the mystery out of the probate process and
provided thoughtful steps to follow. And, remember … you don't have
to go it alone. Consult an attorney, accountant or professional
advisor to lend a helping hand.
Rupa Mehta is the President of RHM Financial Group, located at 5600
Mariner Street, Suite 120, Tampa, Florida 33609. Rupa Mehta can be
reached at 813-298-6317.
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