Probate Checklist: A Guide for Executors of a Will

Probate is the legal process of administering a deceased person’s estate so debts can be paid and assets passed on to heirs and beneficiaries. While often necessary, probate can be a difficult and challenging process.

When a person dies, an estate must be opened, and the estate must go through probate.

• When someone dies with a Will, the probate court will verify that it is authentic and valid and ensure estate assets are properly distributed to heirs and beneficiaries after the estate’s liabilities are addressed.
• When someone dies without a Will, probate is still required, and the court will oversee distribution of the deceased person’s assets after the estate’s liabilities are addressed.

This process is known as “estate administration” and is handled by the estate’s personal representative.

If you were named as the personal representative of an estate, a probate checklist can make navigating the probate process easier. The Vander Laan Law Firm, LLC, is a probate and estate planning law firm with offices in Minden and Carson City, Nevada. We provide legal advice and representation in Douglas County, Carson City, and Lyon County to guide clients through the probate process and ensure the right documents are filed on time, with the right court.

Probate Checklist for Estate Executors

Probate can be complicated and time-consuming. A probate checklist is an important tool to help you better understand the probate process, ensure you have the necessary documents, and that you file them at the right time and in the right place.

Obtain the Death Certificate

Before you can perform any estate administration tasks, you must first have a certified copy of the Death Certificate. The funeral home typically provides this. Request multiple copies, as you will need them to open the estate, file insurance claims, and access financial accounts.

Find the Will

If you have not already found it, locate a signed, original copy of the Will and any Codicils (amendments to the Will). If you cannot locate the Will, check for safe deposit boxes or contact the deceased person’s attorney, if they had one. If your loved one died without a Will, you will follow state intestacy laws.

Hire a Probate Attorney

An experienced probate attorney can answer your questions and guide you through the estate administration process. Your attorney will prepare and file necessary and appropriate court documents and appear in court. She will also give you advice and legal guidance tailored to your specific situation, which can save you time and money, and help you avoid costly mistakes.

Open the Estate

Your probate attorney can prepare and file the paperwork necessary to open the estate and have you appointed as estate executor. Once the estate is opened, you will receive Letters of Administration or Letters Testamentary authorizing you to manage the deceased person’s estate.

Inventory and Secure Estate Assets

Your attorney can help you prepare a list of estate assets, including real estate, bank accounts, investments, personal property, and other valuable items. If the deceased person used online banking and financial services, as many people do, paper records may not be available. Your attorney can help you obtain access to the deceased person’s online financial accounts.

You will need to manage day-to-day details of the deceased person’s affairs, such as service contracts, leases, and utility payments. You will also need to notify service providers and agencies of the death of your loved one.

Review and Pay Taxes, Expenses, and Debts

Until your loved one’s estate has been closed, you will need to pay ongoing expenses like mortgage payments, insurance premiums, and utility bills. You will also need to file tax returns for any income your loved one earned in the year they died as well as possibly the estate tax return.

Depending on the size of the estate, it may be wise to open a bank account to manage estate financial transactions. You will need an estate tax identification number (EIN/TIN) because the deceased person’s Social Security number is no longer an option.

Identify and Notify Heirs and Beneficiaries

Make a list of all heirs and beneficiaries and their contact information. Your attorney will then be able to notify them of the probate process.

Distribute Estate Assets

Your attorney can advise you on paying estate taxes and other valid debts and help you distribute estate assets.

Close the Estate

Once the estate has been inventoried, taxes paid, and assets distributed, your attorney can prepare a final accounting of the financial transactions and submit it to the probate court for approval. Then she can prepare and file the documents necessary to formally close the estate.

Contact the Vander Laan Law Firm Today

Being named estate executor is an important responsibility that requires careful attention to detail. Estate administration is a complicated and challenging process, and you must strictly follow all applicable legal requirements. An experienced probate attorney can guide you through the probate process and help you avoid costly, time-consuming mistakes and other complications.

Nevada probate attorney Natalia Vander Laan will carefully explain the probate process and be with you every step of the way. Call (775) 461-2897 or contact our law office online today to schedule an appointment to discuss your situation and how we can help.

The Vander Laan Law Firm has offices in Minden and Carson City and proudly represents people in probate and estate planning matters throughout the Carson Valley.