If you are dealing with a loved one's estate, you probably already know how difficult things can be. You are grieving for your loved one while also dealing with legal and financial matters. Those appointed as the personal representative or executor of the estate may find that things go better if they know what to expect and follow the below tips.
Work With a Lawyer
Probate lawyers understand how estates should be probated. You can use the same lawyer that helped with the will and the rest of the estate, but you are free to use whomever you wish as well. The lawyer will ensure that you make all the right moves and that alone can keep you from making time-consuming mistakes as you deal with all the details.
Gather Documents
Accessing the below paperwork will help your probate lawyer start the filing process immediately:
- The last will and testament.
- Burial and funeral plans (some people arrange and pay for their plans ahead of time).
- Life insurance policies.
- Most recent tax returns of the deceased.
- A list of outstanding debts.
- Real estate deeds and titles to vehicles.
- Anything else the probate lawyer requests.
Paying Bills
Don't pay any bills owed by the estate without checking with the probate lawyer first. In most cases, the lawyer might direct you to pay bills related to maintaining the home. That includes storage fees, homeowner association fees, some utilities, and taxes. In most cases, credit card bills and the like are not high-priority bills. Paying bills that don't have to be paid can slow things down and cause problems.
Respond to Requests Quickly
Probate can take months to complete but the sooner you respond to any requests the quicker the process will go. You might be asked to submit an accounting of how you have used estate funds, for example. Often, personal representatives must have a professional real estate appraisal performed for the probate court. The funds to pay for that appraisal will come from estate funds. Be sure to keep up with all expenditures and report them to your probate lawyer.
Avoid Problems
When someone files a contest to the will, things will grind to a halt with the probate process. Contesting the will means a new case is opened and must be resolved. In some cases, there is little you can do to prevent these cases from being filed. However, staying in close contact with other family members during the probate process can make for a smoother situation.
Speak to a probate lawyer to find out more ways to make probate faster and smoother. For more information on estate planning, contact a professional near you.
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