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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33803
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Does everyone need an estate executor? And if so how does one

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Does everyone need an estate executor? And if so how does one find out what to do?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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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.
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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.
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Thanks
Barrister
Barrister and 2 other Estate Law Specialists are ready to help you
Customer: replied 3 years 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 3 years ago.

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


 

Where does one find the clerk of the court?

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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.

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

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

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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.

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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.

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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.

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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.

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Thanks

Barrister

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