ESTATE ADMINISTRATION

ESTATE ADMINISTRATION

Helping You Distribute Assets After a Loved One’s Death

After a loved one passes away, you and your family members will likely be left to deal with their estate administration. If your loved one had an Estate Plan (i.e., a Will or trust), that plan will dictate the management and distribution of assets, as well as any procedures that must be followed to ensure a lawful and effective estate administration. Depending on the nature and complexity of the estate administration case ahead of you, or other factors such as the desire for convenience or professional oversight during times of grief, it may be highly advisable to seek the assistance of experienced, compassionate attorneys such as those at Legacy Law Partners, PLLC.

At Legacy Law Partners, PLLC, we understand just how overwhelming it can be to deal with a loved one’s estate. Even with the most specific Estate Planning documents, you may still have questions or concerns about the process. We represent clients who are in line to become the legal representative of an estate (i.e., Executor, Administrator or Trustee) due to being nominated or their close relationship to the person who passed away. If you are searching for a New Haven County law firm, contact our office today by calling (203) 446-4725 for a free consultation.

What is Estate Administration?

Estate administration is the process of settling a person’s financial dealings after they die. This can include ensuring various expenses of the estate are attended to (e.g., debts, taxes, funeral costs, legal fees), as well as collecting assets and income of the estate. It also includes distributing assets and property to beneficiaries that an individual named before their death. An individual’s wishes are typically included in their Last Will and Testament or trust, subject to any procedural requirements imposed by the probate courts or otherwise by state law. However, if they died without an Estate Plan, the court will assign an Administrator of the estate to manage and distribute the estate’s assets in accordance with state law.

If you are concerned about your estate, consulting a New Haven County Estate Planning attorney is the best way to create a plan and protect your assets after death. Our team can advise you on the best Estate Plan to provide tax benefits, simply and expedite the transition of assets to your loved ones, protect them against the threat of divorce or lawsuits, and even greatly reduce the impacts of the probate process once you pass! For more information and to speak to a team of experienced Estate Planning attorneys, contact our law firm today.

What is an Estate Executor or Administrator?

An estate Executor is the legal representative of the estate who is nominated by the person who passed away within his or her Will. A person does not officially become the Executor until the probate court appoints them in that role, by issuing them a document called a “Fiduciary’s Probate Certificate.”

An estate Administrator largely carries the same authorities as an Executor (subject to a few relatively minor differences), but who is not nominated by the person who passed away. Generally, the court will give priority to those with the closest relationships to the decedent, such as surviving spouses or adult children.

Please also note that while the terms “Executor” or “Administrator” may be gender neutral, the courts may refer to female estate representatives as an “Executrix” or “Administratrix,” as the case may be.

What Does an Estate Executor or Administrator Do?

An estate Executor or Administrator is an appointed individual who is in charge of settling the estate after someone passes. Typically, they are responsible for overseeing the entire estate process.

If you are an estate Executor or Administrator, your duties may include the following:

Filing Forms With Probate Court

The first step is to file a petition with the probate court in order to receive your Fiduciary’s Probate Certificate. Once received, you’ll be in a position to verify the assets and debts of the estate. Depending on the nature of the estate, you will be responsible for filing all probate “pleadings,” which may include an Inventory of assets, New Haven County Estate Tax Return, Return of Claims and List of Notified Creditors, and a Financial Report. Please note that every estate administration case is different, and there are nuanced steps and processes that must be adhered to depending on factors that we can best advise on if you reach out to schedule a free consultation!

Filing Tax Returns

As estate Executor or Administrator, you are responsible for filing taxes on behalf of the deceased and behalf of the estate. This may include working with a tax professional for the preparation and filing of an individual income tax return (Form 1040), estate or trust income tax return (Form 1041) and any other filings necessary to complete the administration of the estate properly.

Notifying Loved Ones

As the legal representative of the estate, you must notify any person with a potential interest in the estate of the person’s passing. These individuals are known as “noticed parties,” and should receive copies of documents you file with the probate court.

Paying Bills and Debts

Any outstanding debts or bills, so long as they are presented properly by the claimant, must be paid before the estate can be closed. You are responsible for finding any debts and bills and using the estate’s assets and money to pay off outstanding amounts. Not doing so can delay the estate administration process. Please note that there is a specific manner in which claims against the estate must be presented, and our attorneys at Legacy Law take pride in confirming which ones must be paid versus which ones we may be able to “disallow!”

Distributing Assets

All beneficiaries named in the Estate Plan documents must be provided the proper assets, so long as the estate administration process has been carried out effectively. If the deceased did not have an Estate Plan, then the state of New Haven County will determine how their assets are to be distributed.

Closing the Estate

The estate can be closed once all debts are paid and assets are distributed in strict compliance with the applicable estate administration procedures.

How Can an Attorney Help Me?

Being in charge of an estate administration can feel overwhelming, especially if you are still grieving. While estate administration can seem complex, with the help of a team of estate planning attorneys, you can close your loved one’s estate as quickly as the process will allow, and with great confidence that everything was attended to properly. At Legacy Law Partners, PLLC, we have many years of experience in managing an estate with or without a Will in place. We can advise you on even the most complicated of legal matters, including federal or state estate tax, estates involving active businesses or other sensitive assets, trust administration, health care directives, and more. Whether you are an estate Executor or Administrator or an interested party in the estate, contact our New Haven County law firm today for a free consultation by calling (203) 446-4725.