When a family member or a friend dies, someone needs to represent them in the court for the probate process. Therefore, the person appoints either their friend or a family member as an executor. An executor could be a person or an institution appointed by a decedent, in their will to administer the estate left behind. It is the executor’s job to carry out the decedent’s requests expressed in the will. In a situation where the decedent has not left a will, no person has the legal authority to administer the estate; in such a case, a loved one can volunteer to act as an administrator after being appointed by the court. A probate attorney in Kings county has experience in educating executors on the probate process and should be contacted for help.
Ask Probate Attorney In Kings County The Process To Petitioning For Executor/Administrator
- Determining your priority: In choosing an administrator, the surviving spouse gets priority before any else. If they decline or are in a state where they cannot make decisions, the decedent’s children get consideration. If there is no spouse or next of kin, other family members get a chance to petition.
- Appealing written waivers from the other candidates: It is vital to get a written waiver from a higher priority candidate. For instance, if the decedent’s sister is applying for the executor, then she will have to request a written waiver from the better half and the children of the decedent.
- File the petition for the administrator: The petition will have to contain the death certificate copy, an estimate of the estate’s gross value, and the addresses, names of the decedent’s heirs. These need submission in a probate court. A Probate Attorney in Kings county is proficient in the application process and can provide aide wherever necessary.
Ask Probate Attorney in Kings county What Are The Duties Of An Executor
- Bound by law, an executor is responsible for taking care of the finances of the deceased. This includes paying taxes and debts and distributing what is left to family members. Here are some of the duties an executor needs to perform with honesty and the highest degree of impartiality.
- Registering a copy of the will with the probate court: The primary task of an executor is tracking down, reading, and understanding the will. You can determine property inheritance at this step.
- Notify financial and government institutions of the decedent’s death: It is vital to notify financial and government institutions of the decedent’s death so that they can make the necessary arrangements for the documents needed to close any outstanding debts.
- Selecting the type of probate: Certain inheritance laws allow the passing of a particular estate without probate. If a probate is required, file a petition with the court so that you can be appointed as an executor. Contact the probate attorney in Kings county to help with the process.
- Appear for the probate hearing: An executor must be present in court in the interest of the estate.
- Opening an account: If the decedent owes money, or if the decedent needs to clear bills or any pending debts, they can be processed through this account.
- Submitting to the court an inventory of the assets: It is crucial that the executor file a detailed inventory of assets to the probate court.
- Ensure the estates’ upkeep until their distribution: The duration of the probate processes may vary greatly depending on the case. In such a situation, the estate needs to be maintained, and all its assets protected.
- Clearing the debts and taxes of the estate: Depending on the size of the estate, there are state, federal taxes that may need to be cleared. It is the job of the executor to pay off pending debts and taxes without delay.
The role of an executor is both a privilege and a responsibility. Hence, before agreeing to this paramount task, consult a Probate Attorney in Kings county. An executor is not expected to know the process followed by the probate, but he/she could learn about it independently. The probate process can last for a long time due to complications. As an executor for the first time, you may not be able to handle all the processes. Hence, the probate lawyer will help out in every step, as they have the expertise to deal with such a situation. Remember always to do your research on the laws and regulations and make an informed decision.