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Task |
Description |
Notes |
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File the will and initiate probate. |
- Soon after the death,
the executor should find and carefully read the
will.
- You will need to file the will with the appropriate state probate court.
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Petition the court for letters testamentary. |
- These letters provide
proof that you are the legally appointed
executor.
- Request certified copies of the letters to submit for certain estate-related financial transactions.
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Request copies of the death certificate. |
- The funeral director
may order the certificates for you or provide
ordering instructions.
- Depending on your location, the copies may come from the county clerk's office in the county of the decedent's death or from the Health Department.
- A simple estate may require
only 5 to 10 certified
copies, while a complex
estate may require 15 to 20
or more certified copies.
- Companies and financial
institutions generally
require a copy of the
death certificate.
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Assemble and inventory the estate’s assets. |
- You are responsible for
each asset's value at the time of death, which
may require you to hire an appraiser.
- This may include real
estate deeds, stock and bond certificates,
statements for checking, savings, investment
accounts and other property.
- If you are unfamiliar
with the decedent's financial affairs (as is
common when an adult child or friend serves as
executor), it may be challenging to identify all
property.
- Locate important
documents such as checking, savings and
brokerage account statements (including joint
accounts with any survivors, if applicable),
employee benefits statements and previous tax
returns. Also locate marriage, divorce and birth
certificates of the decedent.
- Review the decedent's
check register, previous
tax returns, bank statements
and canceled checks to
determine:
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Insurance premiums. |
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Land contracts and mortgages. |
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Vehicle or other loans. |
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Payment of state and federal income taxes and property taxes. |
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License fees for vehicle registration. |
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Safe deposit box rental fees. |
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Deposit amounts of paychecks, retirement benefits, Social Security
or VA benefits or other income. |
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Retitle property as necessary. Consult an attorney for assistance. |
- If real estate,
vehicles or boats are part of the estate, you
will need to transfer titles to the named
beneficiary or to yourself as executor.
- If you hold estate
property for eventual distribution, the estate
must pay property taxes as they are due.
- If the decedent did not
make specific bequests of tangible property, you
may decide to sell the property and add proceeds
to other cash in the estate.
- In some cases, real
estate passes directly to beneficiaries.
- If the decedent owned a business with other owners, a buy-sell agreement may exist, specifying the disposition of the business.
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Manage and protect the estate’s property. |
- Ensure that property is
protected from theft or damage.
- Manage investments.
- Collect rent or other
income produced by the estate.
- Keep insurance policies current.
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List liabilities owned by the estate. |
- You are responsible for
paying debts owed by the decedent at the time of
death.
- Review the mail,
looking for statements and payments to the
decedent.
- Notify creditors of the
death and invite them to submit claims against
the estate. You can (or may be required to)
submit a notice in the newspaper. Claims may
include:
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Utility payments. |
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Hospital, physician and other medical expenses (you will also file any medical claims with
the decedent’s medical insurance carriers). |
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Payments on credit card accounts or loans. |
- Be sure to verify the
authenticity of statements or
claims to the estate.
- Review statements carefully. Report false claims to local law enforcement authorities.
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Open and inventory the contents of safe deposit box(es). |
- You may need to
petition the court or state for permission to
open a safe deposit box. Many banks seal them
immediately upon the owner's death.
- Generally, a bank
representative or state official must be present
when you inventory the box(es).
- Determine whether, under applicable state law, any property in the box(es) owned jointly by the decedent and another individual goes directly to that individual; other property normally becomes part of the estate and is subject to probate.
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Close bank or brokerage accounts the decedent owned solely. |
- Transfer these assets
to new accounts you open for the estate.
- Generally, you will need to open a checking account for the estate to facilitate paying the estate's debts and other obligations.
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Locate insurance policies and file claims for benefits. |
- Life insurance benefits
are usually payable directly to named beneficiaries without becoming part of the probatable estate. Other sources of insurance or death benefits include:
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Group life insurance
from employers, labor unions, fraternal or
professional organizations or other groups of
which the decedent was a member.
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Insurance on mortgage
loans, credit card balances, vehicle loans or
other loans.
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Accident insurance.
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Retirement plans, either
with an employer (401(k)
or 403(b) plans) or in
Keogh or Individual
Retirement Accounts
(IRAs).
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- In many cases, unpaid
salaries, vacation pay or sick leave are paid
directly to the surviving spouse or other
designated beneficiaries and do not become part
of the estate.
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The decedent’s attorney
or CPA may have copies of insurance policies.
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Look for policies, electronic
records, receipts and canceled checks; then
contact insurance brokers, employers and union
representatives. They will require:
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Policy numbers.
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Full name of the decedent.
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Review taxes owed by the decedent and the estate. |
- You may be responsible for
filing federal, state and local income tax
returns for the year in which the decedent died.
- Filing the estate's
income tax return, if the estate generates
income above a certain amount from the time of
the death until generally April 15 of the year
following the death.
- Refer to the "Taxes" section of this article for more information.
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Keep beneficiaries informed of your progress. |
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Final settlement will be easier if you keep
detailed records of your actions on behalf of the estate.
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Contact the nearest Social Security Administration (SSA) office. |
- Eligible widows,
widowers, minor children and in some cases
dependent parents age 62 or older are eligible
for survivor benefits.
- A special one-time
payment of $255 can be made to the decedent's
spouse or minor children if the decedent had
enough work credits.
- Divorced spouses may
also be entitled to benefits. Laws change, so
check with your local Social Security office.
- You may also call the
SSA toll-free (800) 772-1213 for information.
They will require:
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Certified
copy of the
death certificate.* |
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Decedent's SSN. |
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Decedent's most recent W-2 forms or most recent self-employment tax return. |
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Name of decedent's employer. |
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SSN of spouse and minor children. |
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Birth certificates of spouse and minor children.* |
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Marriage certificate.* |
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Divorce decree if a divorced spouse is applying for benefits.* |
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Close the estate and distribute remaining assets to beneficiaries. |
- Executors are
responsible for ensuring claims against the
estate are paid before distributing assets to
beneficiaries.
- The state usually sets
a time limit during which creditors must submit
claims.
- Federal and generally
state laws also require that all estate tax
returns are due no later than 9 months after a
death.
- Many simple estates are settled within 1–2 months; more complicated ones may continue for months or even years, especially if the will's provisions are contested.
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Reopen the estate if necessary. |
- In rare situations, you may need to reopen the estate after it is closed. For example, discovering property or sums of money, even 10–20 years after the death, would necessitate reopening the estate and distributing it according to the will's instructions.
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*Must be an original or a copy certified by the issuing agency.