Settling An Estate

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  Task Description Notes
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.
 
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.
 
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.
 
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:
    Insurance premiums.
    Land contracts and mortgages.
    Vehicle or other loans.
    Payment of state and federal income taxes and property taxes.
    License fees for vehicle registration.
    Safe deposit box rental fees.
    Deposit amounts of paychecks, retirement benefits, Social Security or VA benefits or other income.
 
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.
 
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.
 
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:
    Utility payments.
    Hospital, physician and other medical expenses (you will also file any medical claims with the decedent’s medical insurance carriers).
    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.
 
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.
 
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.
 
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:
    Group life insurance from employers, labor unions, fraternal or professional organizations or other groups of which the decedent was a member.
    Insurance on mortgage loans, credit card balances, vehicle loans or other loans.
    Accident insurance.
    Retirement plans, either with an employer (401(k) or 403(b) plans) or in Keogh or Individual Retirement Accounts (IRAs).
  • 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.
  • The decedent’s attorney or CPA may have copies of insurance policies.
  • Look for policies, electronic records, receipts and canceled checks; then contact insurance brokers, employers and union representatives. They will require:
    Policy numbers.
    Full name of the decedent.
 
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.
 
Keep beneficiaries informed of your progress.
  • Final settlement will be easier if you keep detailed records of your actions on behalf of the estate.
 
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:
    Certified copy of the death certificate.*
    Decedent's SSN.
    Decedent's most recent W-2 forms or most recent self-employment tax return.
    Name of decedent's employer.
    SSN of spouse and minor children.
    Birth certificates of spouse and minor children.*
    Marriage certificate.*
    Divorce decree if a divorced spouse is applying for benefits.*
 
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.
 
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.
 
*Must be an original or a copy certified by the issuing agency.