{"id":418,"date":"2019-04-11T11:41:09","date_gmt":"2019-04-11T18:41:09","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=418"},"modified":"2022-11-15T14:27:29","modified_gmt":"2022-11-15T21:27:29","slug":"after-death-checklist-responsibilities","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/after-death-checklist-responsibilities\/","title":{"rendered":"After Death Checklist Of Responsibilities"},"content":{"rendered":"
When a loved one dies, the last thing on your mind is how to settle their estate. Once you\u2019ve taken the time to grieve, the task of handling their final affairs can be daunting, especially when it involves probate<\/a>. As you navigate your way through process of closing accounts, settling liabilities and transferring assets, use this as a checklist to keep track of your most important responsibilities.<\/p>\n Check if the decedent left funeral and burial instructions. Hopefully they shared their plans with a family member, but if not, ask if any family, friends, or the decedent\u2019s attorney, if they have a Letter of Instruction on the matter. You may find the information in the decedent\u2019s will, but it\u2019s not uncommon to open the will days or weeks after the funeral, by which point it\u2019ll be too late for funeral instructions. If you know which cemetery the decedent wished to be buried at, call and ask if they purchased any pre-needs items such as a plot, casket, and gravestone.<\/p>\n Obtain certified copies of the death certificate. Some organizations will accept copies, but others\u2014especially financial institutions\u2014will need an official certificate. It\u2019s a safe bet to request ten certificates and plan to photocopy the rest, but if the decedent has a large estate, you may need more.<\/p>\n If the decedent had an attorney, schedule a meeting with them to open and review the will. If there isn\u2019t an attorney, schedule a formal gathering to open the will with the decedent\u2019s heirs. If the decedent had a trust, you may wish to invite the trustee, too. Once the will has been opened, determine if probate is necessary, or if the decedent made plans to avoid probate. Also, review the trust agreement (if applicable) with the trustee for additional instructions.<\/p>\n In Arizona, estates with less than $75,000 in personal property and less than $100,000 in real estate can skip probate. If the decedent\u2019s estate qualifies for the small estate exemption, file a non-probate affidavit<\/a> with the county court where they lived or owned property. You\u2019ll still need to gather their assets<\/a>, settle their liabilities, and distribute their residual estate<\/a>, but you can do all of that outside of probate court, saving you time and money.<\/p>\n If probate is necessary, file a petition<\/a> to open probate. In the petition, you\u2019ll need to indicate if the decedent nominated someone to serve as their executor (also known as the personal representative<\/a>). If they did, this individual will receive authorization from the court to legally act on behalf of the estate, through what are called Letters Testamentary. It\u2019s important for the executor to have these legally binding documents when they approach people and organizations to settle the estate. If the decedent didn\u2019t nominate an executor, or if there are disputes in the family concerning who should be the executor, the court will appoint a third-party administrator.<\/p>\n The probate court will instruct you to mail a notice of the probate proceedings to all interested parties, including heirs, beneficiaries, next-of-kin, and any known creditors. You\u2019ll also need to publish a notice in the local newspaper, informing the community of the probate proceedings. It\u2019s essential to complete both of these steps as soon as possible, as it starts the clock for the statute of limitations on how long creditors have to make credible claims against the estate. Without proper notice, creditors may be allowed up to 1 \u2013 2 years to make a claim; once they\u2019ve received notice, however, they may only have 1 \u2013 4 months. If there\u2019s one thing you don\u2019t want, it\u2019s a bill collector knocking on your door a year from now when the estate has been fully distributed.<\/p>\n You\u2019ll also need to inform the following organizations:<\/p>\n While your primary goal in approaching these organizations is to process final benefits and payouts, and to submit final claims, you\u2019ll also need to inform the organizations if the decedent has a surviving spouse. Most pensions, government benefits, and insurance policies will offer continued benefits for the surviving spouse. Banks and financial institutions will also need to characterize joint accounts as individual accounts under the surviving spouse\u2019s name.<\/p>\n Before you start paying final bills, you\u2019ll need to get a clear picture of the estate\u2019s value and what property it owns. Open a new bank account for the estate, and begin by gathering the liquid assets. This includes:<\/p>\n Once you have an inventory of the liquid assets, move to the illiquid assets. These will be a little trickier, as some of them may require you hire a professional appraiser to determine a fair market value. Illiquid assets to look for include:<\/p>\n The decedent will need to file a final tax return for the year in which they died. Locate the decedent\u2019s recent tax returns, and use the information you\u2019ve just collected on their assets to file the final return. Do not, however, pay the taxes owed (if applicable). You will pay the final tax return after you settle some of the estate\u2019s liabilities.<\/p>\nBefore the Funeral<\/h4>\n
Administrative<\/h4>\n
Opening Probate<\/h4>\n
Provide Notice<\/h4>\n
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Gather the Assets<\/h4>\n
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File Taxes<\/h4>\n