Estate administration is the legal process of managing someone’s financial and legal affairs after they die. This can include tasks such as paying debts, distributing assets, and transferring of the deceased person’s property. The person responsible for handling these matters is called the executor or administrator.
If the deceased had a will, the estate administrator will follow the instructions laid out in that document. If there is no will, state law will dictate how the estate should be handled. Either way, the goal of the probate court with the estate administration process is to settle the deceased’s affairs in a fair and efficient manner.
Why is estate administration important?
Estate administration is important because it ensures that the deceased’s final wishes are carried out and that their debts and taxes are paid. It also allows the distribution of estate assets to be made in an orderly fashion. Without estate administration, there would be chaos after someone died, and it would be very difficult for loved ones to settle the estate.
The probate process can be complex and time-consuming, but it is a necessary step in ensuring that the estate is handled properly. An experienced attorney can help you navigate the probate process and make sure that everything is done according to the law.
What is included in the estate administration process?
Estate administration is the process of handling a deceased person’s assets and financial affairs. This includes paying off debts, distributing assets, and dealing with tax matters. The estate administrator is usually the executor, who is named in the will. If there is no will, the administrator is chosen by the court.
The estate administrator has many responsibilities, including:
- Filing the necessary paperwork with the court for the death certificate and life insurance policies
- Locating and notifying the decedent’s creditors
- Paying debts and taxes from the decedent’s estate
- Distributing assets to beneficiaries
- Resolving any disputes that arise
- Managing estate planning documents
- Acting as a personal representative for the decedent’s surviving spouse and/or loved ones
The estate administration process can be complex and time-consuming. An experienced attorney can help you navigate the process and make sure that everything is done according to the law.
Should I hire a lawyer for estate administration?
You are not required to hire a lawyer to handle estate administration, but it is often helpful to do so. An attorney can help you with all aspects of the process, from filing the necessary paperwork to distributing assets to beneficiaries. If there are any disputes that arise, an attorney can also help you resolve them.
If you decide to handle the estate administration yourself, be sure to follow all of the instructions from the court carefully. The process can be complex, and making even a small mistake can delay the entire process.
Hiring an experienced attorney can help make the estate administration process go more smoothly and help ensure that everything is done according to the law.
Tina James, Estate Adminstration Lawyer
Losing a loved one is very difficult. We are committed to treating our clients with compassion and respect. We guide them step-by-step through the probate and trust administration process. If your loved one has a Will, the original will needs to be filed with the Surrogate Court in the county where the person lived at the time of his or her death. If there is no Will, the next of kin will need to open an administration with the Surrogate Court in the county where the person lived at the time of his or her death.