How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22440
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Does everyone need an estate executor? And if so how does one

Resolved Question:

Does everyone need an estate executor? And if so how does one find out what to do?
Submitted: 10 months ago.
Category: Estate Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
.
If a person has a will drafted to dispose of their assets when they die, then they will need to name an executor who will be in charge of administering and settling the estate. Part of the executor's job is to pay all the person's final debts and to distribute their assets to whoever they named as beneficiaries in their will.
.
The executor will typically file a petition to open a probate case in the probate court and the clerk of the court will have a packet forms along with a "cheat sheet" that basically outlines what they need to do and when they need to do it. Either that or they can hire an estate law attorney to assist with settling the estate.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22440
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 4 other Estate Law Specialists are ready to help you
Customer: replied 10 months ago.

Where does one find the clerk of the court? If this is done several years after the death is there some kind of penalty.


 


I don't feel that my first question was answered. I received a lot of copies of the death certificate from the funeral parlor but was not told what must be done with them and the bank that I tried to give it to requested a different type of death certificate. A short death certificate, is what I believe the person called it.


 

Customer: replied 10 months ago.

I replied and am waiting for answers to reply questions. is there something else I must do to get the answers?


 

Expert:  Barrister replied 10 months ago.

Where does one find the clerk of the court?

.

The person named as executor would need to contact the local Probate Court in the county where the person passed away. The clerk of the Probate court can help them with getting the forms together that they need to fill out.

.

If this is done several years after the death is there some kind of penalty.

.

No, there is no penalty for failing to probate a person's estate.

.

I don't feel that my first question was answered. I received a lot of copies of the death certificate from the funeral parlor but was not told what must be done with them and the bank that I tried to give it to requested a different type of death certificate. A short death certificate, is what I believe the person called it.

.

The funeral home just handles the final arrangements and burial of the deceased. They don't give legal advice as to how to settle an estate. So it isn't surprising that they didn't provide that information.

.

The bank doesn't just turn over assets to someone who shows up with a death certificate. If a person dies with assets in their name, then their estate owns those assets and the banks are only going to turn them over to the legal representative of the estate, who is the executor.

.

The way you get to be executor is by filing a petition with the local Probate Court where the person died to open a probate case and be appointed executor by a judge. Until a judge formally appoints someone to be executor, then they have no legal authority to act on behalf of the estate and take control of any estate assets.

.

.

Thanks

Barrister

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.