![]() |


The Following List Is More Detailed. 1. Notify the chosen funeral home of the death. 2. Arrange for the care of any minors or elderly persons, and any pets of the decedent who were dependent on the decedent for care. 3. Implement any burial instructions left by the decedent. 4. Notify an official of the decedent's church or synagogue. 5. Locate the original will of the decedent. 6. Notify the personal representative and any trustee named in the will, if other than you. 7. Notify the decedent's attorney, friends, family members, and employer or employees of the death. 8. Make arrangements for a memorial for the decedent. 9. Call the local paper and place a notice in the obituary column. 10. Inquire into all benefits payable upon the death of the decedent. 11. Notify the decedent's landlord, if any, and the suppliers of telephone service and utilities. 12. Notify the post office of the death, and arrange for the collection of mail of the decedent. 13. Arrange to receive several copies of the death certificate --- 15 is not too many in most cases. 14. Ask the mortician to make application for the social security death benefit. 15. Retain an attorney and possibly an accountant to begin probate procedures and to provide any necessary assistance. 16. Oversee and preserve the decedent's assets. 17. Search everything to locate hidden assets. 18. Obtain the contents of any safe deposit boxes. 19. Locate and investigate all real property owned by the decedent. 20. Arrange for out-of-state probate concerning any out-of-state real property of the decedent. 21. Compile a detailed inventory of all assets of the decedent. 22. Determine proper values for all assets, and be ready to support your valuations. An appraisal of all assets is strongly recommended. 23. Collect all debts owed the decedent and, when appropriate, pay the just debts of the decedent. 24. If necessary, decide which assets will be sold to pay the expenses of administration and taxes due because of the death of the decedent, and arrange for any such sales. 25. Maintain the estate's assets in good order and repair. 26. Investigate the amount and validity of all claims against the estate. 27. Arrange for the payment of income and all death taxes, as the personal representative is held personally liable for these. 28. Operate, if specifically authorized, any business of the decedent. 29. Supervise the administration of the estate. 30. Process any necessary litigation by or against the estate. 31. Prepare a final estate accounting . 32. Pay all income and death taxes liability. 33. Request from the Internal Revenue Service a closing letter before distributing any estate assets to beneficiaries. |
| The Executor or Executrix of an estate often find themselves faced with the duty of being the Personal Representative of the Probate of the estate, a legal process that involves the accounting of the assets, liabilities and taxes. Below you will find a general list of the duties and liabilities of the Personal Representative. These duties and liabilities may vary depending on your state and county. This site does not provide legal advice. There is a glossary of terms, here, but we recommend a good dictionary also. Duties & Liabilities of Personal Representative Glossary When the court appoints you as personal representative of an estate, you become an officer of the court and assume certain duties and obligations. An attorney is often sought to advise on these matters but is not required. You should however understand the following: 1. Managing the Estate's Assets a. Prudent investments You must manage the estate assets with the care of a prudent person dealing with someone else's property. This means that you must be cautious and may not make any speculative investments. b. Keep estate assets separate You must keep the money and property in this estate separate from anyone else's, including your own. When you open a bank account for the estate, the account name must indicate that it is an estate account and not your personal account. Never deposit estate funds in your personal account or otherwise mix them with your or anyone else's property. Securities in the estate must also be held in a name that shows they are estate property and not your personal property. c. Interest-bearing accounts and other investments Except for checking accounts intended for ordinary administration expenses, estate accounts must earn interest. You may deposit estate funds in insured accounts in financial institutions, but you should consult with an attorney before making other kinds of investments. d. Other restrictions There are many other restrictions on your authority to deal with estate property. You should not spend any of the estate's money unless you have received permission from the court or have been advised to do so by an attorney. You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond. Without prior order of the court, you may not pay fees to yourself or to your attorney, if you have one. If you do not obtain the court's permission when it is required, you may be removed as personal representative or you may be required to reimburse the estate from you own personal funds, or both. You should consult with an attorney concerning the legal requirements affective sales, leases, mortgages, and investments of estate property. 2. Inventory of Estate Property a. Locate the estate's property You must attempt to locate and take possession of all the decedent's property to be administered in the estate. b. Determine the value of the property This can be done yourself or you can consult a professional to assist you. c. File an inventory and appraisal You must file with the court an inventory and appraisal of all the assets in the estate. d. File a change of ownership At the time you file the inventory and appraisal, you must also file a change of ownership statement with the county recorder or assessor in each county where the decedent owned real property at the time of death. 3. Notice to Creditors You must mail a notice of administration to each known creditor of the decedent within two to four months after your appointment as personal representative. 4. Insurance You must mail a notice of administration to each known creditor of the decedent within four months after your appointment as personal representative. 5. Record Keeping a. Keep accounts You must keep complete and accurate records of each financial transaction affecting the estate. You will have to prepare an account of all money and property you have received, what you have spent, and the date of each transaction. You must describe in detail what you have left after the payment of expenses. b. Court review ? Your account will be reviewed by the court. Save your receipts because the court may ask to review them. If you do not file your accounts as required, the court will order you to do so. You may be removed as personal representative if you fail to comply. |