What You Need to Know About FIling to Be Executor of an Estate Without a Will
When a party dies without a will or intestate, someone must step in. Here’s everything you need to know about filing to be the executor of an estate without a will.
A party volunteering to be the executor of an estate may be named administrator if they successfully file to do so.
Related: 10 Mistakes to Avoid During Estate Planning in a Divorce
What does an executor of an estate do?
The executor of an estate must close the deceased party’s estate. A will names the executor. However, if the diseased party leaves no will, the court appoints an administrator or someone volunteers to be an administrator. An administrator has almost the same duties as an estate’s executor.
The administrator of an estate is responsible for collecting the assets, paying the debts, and distributing the estate among its heirs.
If volunteering to be the administrator of an estate, one must follow essential steps.
Related: New York Intestate Succession: Dying Without a Will in NY
How to File to be Executor of an Estate
The first step in filing to be an executor of an estate is to determine if a formal administrator is necessary. The law’s specifics can vary by state. If an estate is small and can pass on informally, parties might not need a formal administrator. If the estate case goes to the probate court, parties should determine who the court will assign as the administrator. The court will likely assign administration to the surviving spouse. If the surviving spouse is unavailable, the deceased party’s children are next, followed by other family members.
If the volunteering party is high enough on the priority list to receive administration by the court, they may request candidates higher for a written waiver for administration. If multiple volunteers apply for the administrator post, the court will decide who will fill the position.
Once in possession of any applicable written waivers, the volunteering party must file a petition for probate in the county where the deceased party lived. Each county may have different filing requirements, and it is essential to check the county’s requirements. When petitioning, the volunteering party must submit a copy of the death certificate, an estimate of the estate’s value, and information about the heirs. There may also be a filing fee involved.
The administrator may have many duties depending on the deceased party and their estate. The administrator must take possession of the deceased property and safeguard it. The administrator should collect any death benefits such as life insurance, annuity benefits, social security benefits, or veterans benefits. Canceling credit cards and subscriptions and collecting mail are also part of the administrator’s responsibilities. The administrator may also have to notify relevant parties such as the tax board or the social security administration.
A probate hearing may be necessary where the administrator will swear an oath to recognize their fiduciary duties to the estate and the court. In addition, some courts may require the administrator to get a bond to protect the estate, heirs, creditors, and the administrator.
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