Being named executor in a will does not give you authority to act. That authority comes from the probate court, once it admits the will and appoints you.
Before you are appointed
- Find the original will and file it with the probate court in the county where the person lived.
- Order several certified copies of the death certificate.
- Secure the house, vehicles and valuables, and keep the insurance in force.
- Do not use a power of attorney. It ended at death.
- List every asset and how it was titled, and every debt you know of.
- Watch the mail for statements and bills. They show you accounts you did not know about.
- Meet with an attorney to decide which probate procedure fits the estate. Some estates qualify for a shorter process, and some need no filing at all.
After you are appointed
The court issues letters of authority, which banks and buyers will ask to see. From there, the usual steps are opening an estate bank account, filing an inventory of the probate assets, which is generally due within three months of your appointment, waiting out the period for creditor claims, which generally runs six months from the date of death, and filing a final account.
Mistakes that cause trouble
- Mixing estate money with your own
- Paying some creditors or beneficiaries before you know what the estate owes
- Selling real estate before you have authority to do it
- Missing a filing deadline
An executor is a fiduciary and can be held personally responsible for these mistakes.
We represent executors and administrators in the Butler County Probate Court and the surrounding counties. Bring us the will and a rough list of assets, and we will tell you what the estate requires.