Leading estate planning lawyer founder of the Law Offices of Robert H. Brumfield, P.C., in Bakersfield, CA outlines the essential steps that an executor needs to go through to enable them to settle an estate. For more information please visit https://www.brumfieldlawgroup.com
Bakersfield, California, United States - April 24, 2023 —
Executors granted Power of Attorney in overseeing a person's estate should have a checklist of must-does to ensure a smooth transition, Elder Law Attorney Robert Brumfield said this week.
For more information please visit https://www.brumfieldlawgroup.com
He said: "Probate is required to authenticate a last will and testament after someone has passed away. If someone has been nominated as executor of that will, they must take several steps to ensure probate can progress satisfactorily."
The first is to petition the court to open probate of the estate. He said: "In most states, they'll need to file the petition and the will with the probate court as soon after a person's death. Courts usually have a form for this, so it doesn't have to be an overly complicated process."
The Bakerfield-based Founder of the Law Offices of Robert H. Brumfield, P.C. said a probate judge will hold a court hearing to confirm the will's validity and for any relevant parties to object to it going to probate.
Early in the process, an executor must locate and take into possession all the assets left by the deceased so they can be protected during probate.
"It might very well be the case that the deceased did not disclose certain assets or make them known in their will," he said. "It's up to an executor to find these hidden assets by combining tax forms, insurance policies, and bank statements."
An executor will also be tasked with identifying and notifying the deceased's creditors, if any. Additionally, an executor must publish an obituary in a local newspaper to notify unknown creditors.
Once done, an executor can use estate funds to pay for the deceased's outstanding bills and debts. They must also prepare and file tax returns for the year the decedent passed away.
He added: "After these steps, the executor will need to petition the court to legally distribute what is left over from the assets to any beneficiaries specified in the will."
Brumfield concluded: "While this checklist is not comprehensive, an executor should seek the advice of an experienced probate attorney for further guidance as all wills and estate plans are different."
Source: http://RecommendedExperts.biz
Contact Info:
Name: Robert H Brumfield
Email: Send Email
Organization: Law Offices of Robert H. Brumfield, P.C.
Address: 1810 Westwind Drive, Suite 100, Bakersfield, CA 93301
Phone: 661-464-7770
Website: https://www.brumfieldlawgroup.com
Release ID: 89095611
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