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After a loved one passes away, it’s common to feel overwhelmed and unsure of what to do next. If you’ve been named the executor of an estate, it can be even more challenging to manage your grief while settling their affairs. An executor, in short, is the person in charge of carrying out the terms of someone’s will after they pass. As the person they trusted most to fulfill this role, you need to follow the proper procedures to ensure their final wishes are honored, which will be outlined in the estate planning documents they left behind. Here’s a closer look at what you’ll need to do next.

What to Do if You’re the Executor of an Estate

1. Notify All Relevant Parties of the Death 

First, you must secure a legal pronouncement of death and order several copies of the death certificate. Distribute these to various financial institutions so you can gain access to the decedent’s assets and records. Next, begin contacting family, friends, and beneficiaries to let know of the passing. You should also notify the Social Security Administration and other government programs they received benefits from, their employer if they were still working, insurance companies, and creditors. 

2. Make Funeral Arrangements 

estate planning

Look through the decedent’s estate planning documents to see if they had a prepaid funeral arrangement or specific instructions on how they want to be laid to rest. Depending on what you find, you’ll need to start planning either a funeral and burial service, or a cremation. You can ask close friends and family members to help with this task so they feel included in the process of honoring their loved one’s life.

3. Start the Probate Process 

As the executor of an estate, one of your main duties is handling probate. This is the court-supervised process of validating a will and distributing the deceased’s assets. To start the procedure, you must file a petition with the court, including the will, death certificate, and appropriate paperwork asking to be acknowledged as the executor. The court will review the petition and estate planning documents that list the decedent’s assets and debts, and then grant permission for you to continue acting on behalf of the estate.

4. Inventory Assets & Pay Debts

Another important responsibility is gathering, taking inventory, and appraising all of the deceased’s assets that are subject to probate. This may include real estate, retirement accounts, bank accounts, stocks and bonds, and personal belongings. Before distributing any assets, the decedent’s remaining debts will need to be paid. A tax return must also be filed on the estate.

5. Distribution of Assets

The last step of administration of an estate is to distribute the remaining assets to the persons entitled to those assets. It's helpful to have a lawyer for this process to ensure the assets are properly distributed and avoid any liability for improper distribution. 

 

Wrapping up a loved one’s estate and navigating the probate process can be complicated. For step-by-step guidance, turn to David R. Webb, Attorney at Law in Lincoln, NE. He offers over 30 years of estate planning and probate experience and will help ensure the deceased’s will is properly executed to avoid legal disputes. Call (402) 477-7577 to schedule a consultation, or visit him online for more information on the services he provides.

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