Preparing for Probate: Initial Tasks for a Named Executor
Being named as the executor of a will is an important responsibility, but your role actually begins before the probate court grants you the power to act on behalf of the Estate. There are several steps you can take immediately to protect the estate property and prepare for probate.
Locate the Will. The first task is to locate the decedent’s will, which will be required by the probate court. It is also a good idea to collect other important information at this time, such as vehicle titles, financial statements, funeral instructions, life insurance information, and a general valuation of assets.
Secure the Property. Even before you have formal authority to act, you can take reasonable steps to preserve the decedent’s belongings and property - for example, locking the home, forwarding mail, canceling streaming accounts, or safeguarding valuables.
Identify Beneficiaries. The probate court will also require a list (including contact information) of all beneficiaries and next of kin. These individuals may also need to sign waivers as part of the initial court filing.
Prepare to Open the Estate. Once you organize the decedent’s will and basic information, the probate application can be prepared. It is important to be represented by a trusted attorney with whom you feel comfortable - whether the attorney who prepared the decedent’s will, a lawyer recommended by friends, family, or colleagues, or someone else.
Warning: Avoid Actions Requiring Court Approval. Until you are officially issued Letters of Authority by the court, you cannot access the decedent’s account’s, sell property, or act on behalf of the Estate. Acting too soon can result in both legal problems and personal liability.
Taking these steps prior to being appointed Executor can help make the probate process both smoother and less stressful.