Coping with the death of a loved one can be difficult. Responsibility for managing and distributing the assets of the decedent can introduce an added layer of stress. You are not alone. The McGrier Law Group can help you communicate with heirs, negotiate with creditors and successfully navigate the court-managed process called probate or estate administration.
Every probate process is unique and the length of time required to complete it will vary depending on the size and complexity of the estate, the local rules of court, and the court’s schedule.
Every probate process will likely involve the following steps:
- Petition to appoint an Executor (if there is a will) or Administrator (if there is no will)
- Notice to heirs
- Inventory and appraisal of assets
- Satisfaction of estate debts and obligations
- Sale of estate assets
- Payment of applicable taxes
- Distribution of assets to heirs
Do I have to deal with probate since I was agent under a power of attorney?
There is a common misconception regarding the difference between an Executor and a Power of Attorney or Agent under a Power of Attorney. An agent under a Power of Attorney only has power to act when the Principal (person who named the agent) is still alive. At the Principal’s death, the Power of Attorney is void because the Principal has died. An Executor only has power, pursuant to a Will, to act after a person dies. An estate will need to be probated despite power of attorney documents during the decedent’s lifetime.
As Executor of an estate do I have to use my own money to pay the decedent’s bills?
As the Executor, you are only responsible for paying the Decedent's bills with the Decedent's money. You will not be personally responsible for paying the Decedent's bills, unless you engaged in misconduct that caused the Decedent's money to be depleted. If you are the Executor of an estate where the bills and debts owed exceed the amount of money in the estate, you will not be responsible for paying the Decedent's debts out of your own pocket.
How soon should the estate be opened?
There is no statutory time limit for opening an estate after the death of the decedent. The estate should be opened within a reasonable time and as soon as practicable, especially where there are debts to be paid. If an estate is not timely opened, any interested person, including creditors of the estate, may apply to be appointed to administer the estate.