An Estate Administration Overview
People who need to be called within a few hours or days might include:
- Immediate Family
- Guardian for minor children
- Caretaker for decedent’s pets
- The executor of the decedent’s willTrustee of the decedent’s trust, if any
- The person holding power of attorney – power of attorney expires at the death
- Hospital or organ bank
- Funeral home – make arrangements, and order a sufficient number of death certificates (10-15)
One need not reach out to the following contacts immediately, but within a few days to a week, one might consider:
- Credit card companies – cancel credit cards
- Life insurance company(ies) request claim forms
- The local social security office
- Insurance company – car and home policies – update to the estate
- Personnel department (or labor union) of the decedent’s employer – ask about any death benefits
- Financial professional, stockbroker, insurance agent
- An attorney experienced in probate – make an appointment
- Banks and financial securities companies – determine beneficiaries of retirement assets
- Trustee of any trust benefiting the decedent
- Veteran’s administration (if applicable) – ask about death and survivors benefits
- Secure decedent’s home (if lived alone) and office, change locks if others had access
- If there is a Will, identify the names of witnesses if not evident in Will
- Notify the post office to forward mail
- make sure the home and other dwellings have fuel during the winter months
Within the first month or so, the following contacts should be made, if appropriate to the circumstances:
- Utility companies
- Health or other clubs to secure reimbursements for advance membership payments
- Department of Motor Vehicles asks license plates of the decedent need to be returned
- magazine subscription offices – cancel
- College financial aid office
- Review insurance coverage for the decedent’s property and car
- Decedent’s accountant – determine the status of income tax returns and inquire if he/she has experience in preparing 1041s (estate income tax returns)
Probating will/initiating administration
- Confer with your attorney on all matters regarding the estate
- If there is a will, locate it and determine if the names of witnesses are legible
- If there is a trust, locate it
- Apply to the Surrogate’s Court for Letters of Testamentary or Letters of Administration
Identifying, valuing, and gathering assets
- If you have access, examine the contents of the safe deposit box, accompanied by the estate’s attorney, if an issue is anticipated.
- Review any estate securities held, closely observe the stock market and investment trends, and consider liquidating to “safe” money if appropriate.
- Search home another place for valuable papers and assets.
Preserving Assets
- Discontinue any needed utilities
- Inspect all real estate and review any mortgages and leases
- Examine all life insurance, real estate, and personal property insurance policies
Inventory of assets/estate tax return
- Select qualified appraisers and carefully review their reports
- Obtain income tax returns for the past three years – cross-check with the estate tax returns
- Make sure all tax returns are filed on time
- Determine the decedent’s financial contribution to any jointly owned property
- Check for expenses and other deductible items which can be used in the preparation of federal income and estate tax returns
- File the required inventory of the decedent’s assets with the court on a timely basis
- Investigate the possibility of profit sharing or pension death benefits
- Investigate and list any and all gifts the decedent may have made within three years.
Paying debts and liabilities of the estate
- Estimate administrative/estate costs, and determine whether any assets need to be sold to raise cash
- Open a checking account and/or savings account for the estate
Accounting and Distribution of Assets
- Prepare formal or informal accounting as the case may require, and distribute the assets of the estate to the person or persons entitled thereto
- If an informal accounting is sufficient, obtain receipts and release and waiver of citation from beneficiaries; if a formal accounting is required, prepare accounting in accordance with court rules and submit a decree settling account after formal accounting is finalized.
Please be advised this is a suggested checklist and is by no means intended to be all-inclusive. You should discuss your duties and responsibilities as a fiduciary more fully with your attorney.
Courtesy of Jill Miller & Associates, P.C.
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