i. initial procedures
- obtain and review last wills and testaments as well as codicils.
- select and hire an attorney to assist the executor.
- gather information.
- obtain death certificate.
- collect personal information and papers (including financial information).
- obtain names, addresses, and telephone numbers of beneficiaries and heirs.
- probate the will.
- give notice of probate proceedings.
- admit the last will to probate court by applying to the court that handles probate matters.
- apply to the court to appoint the executor.
ii. gathering assets
- open a checking account for the estate.
- obtain a federal identification number from the irs. (form ss -4)
- notify the irs of the authority of the executor to act for the decedent. (form 54)
- contact employer to obtain final paycheck and any insurance.
- contact life insurance provider.
- determine which assets are subject to probate and which pass automatically.
- joint property passes to the surviving joint tenant.
- life insurance and retirement benefits pass to their specified beneficiaries.
- totten trusts ("payable-on-death" accounts) go to their specified beneficiaries.
- take physical custody or control of the probate assets and safeguard them.
- obtain valuations and appraisals of assets, as necessary.
iii. payment of debts and expenses
- pay decedent's current debts such as utilities, medical expenses, credit cards, etc.
- estate expenses, such as court costs, executor and attorney fees should be paid.
- file appropriate tax returns.
- federal estate tax return.
- state inheritance or estate tax return.
- decedent's final income tax returns (federal form 1040 and applicable state return).
- gift tax return (if decedent made substantial gifts - form 709).
- estate fiduciary income tax returns (federal form 1041 and state).
- trust fiduciary income tax returns (federal form 1041 and state).
- business and/or employment tax returns (for business interests).
iv. closing the estate
- distribute assets.
- specific bequests of cash and/or property should be distributed.
- sell property which must be liquidated.
- establish any trusts provided in the will.
- distribute any remaining estate assets.
- obtain tax clearances from appropriate government agencies.
- file final report/accounting of all receipts, disbursements, and activities of estate and executor.
- close estate account and pay any final expenses.
this article contains general legal information and does not contain legal advice. 2022世界杯32强抽签时间 is not a law firm or a substitute for an attorney or law firm. the law is complex and changes often. for legal advice, please ask a lawyer.