One of the most important things someone can do to best ensure their estate is handled without a hitch is to appoint the right person as the estate’s executor, called a personal representative here in Florida. So what do you need to do if you’ve been appointed an executor of someone’s estate? Being selected as an executor is not only an honor, but a responsibility to the person who named you, as well as to his or her heirs. It’s also a complex job, requiring working with many types of professionals. And the duties can last for a considerable amount of time, even years, depending on the complexity of the estate. All executors receive a stipend or “commission” paid from estate assets for their services.
A recent Forbes article, titled “What an Executor of an Estate Needs to Do,” says that if you’re appointed to be an executor, you should work with an experienced estate planning attorney to help you through the steps in settling the estate.
When settling an estate, an executor is in charge of these basic functions:
- Locating, collecting, and being responsible for the estate’s assets until they are distributed to the beneficiaries.
- Paying the decedent’s debts and estate administration expenses.
- Handling tax matters, including filing the decedent’s and the estate’s income tax returns and paying the income taxes, if any.
- Distributing the remaining assets in accordance with the terms of the will.
The financial responsibilities of an executor mean that he or she must make an investment analysis of all assets in the estate to determine which to sell and how the estate’s cash needs will be met. The majority of the administrative work in handling an estate is recordkeeping.
The executor must first arrange for his or her court appointment in probate court to obtain “Letters” of Administration which permits the executor to represent the estate to third parties such as banks and financial companies to collect, liquidate and distribute assets and other tasks. The executor must compile information about the decedent’s finances and then sell or divide certain assets among those named to receive them in the will or to pay taxes.
In addition, the executor must cancel the decedent’s credit cards, have utilities turned off and pay expenses such as rent, taxes and insurance premiums. Home repairs or maintenance may also be needed. The executor will also need to open an estate bank account to hold the collected assets. These funds are used to pay the bills.
You do not have to act alone. In fact, Florida law requires that personal representatives work with a lawyer. Choosing an estate planning attorney who regularly handles probates can be a huge help with this process to ensure that everything is done right and that the decedent’s estate is settled in an efficient manner. Please contact my office and allow us to help you.
Reference: Forbes (August 26, 2015) “What an Executor of an Estate Needs To Do”