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Executors granted Power of Attorney in overseeing a person's estate should have a checklist of must-do tasks to ensure a smooth transition, Probate Attorney Bobby Sawyer said this week.
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He explained: "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 step 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 as possible after a person's death. Courts usually have a form for this, so it doesn't have to be an overly complicated process."
The Fort Mill-based founder of Johannesmeyer & Sawyer, PLLC, said a probate judge will hold a court hearing to confirm the will's validity and allow any relevant parties to object to it entering probate.
Early in the process, an executor must locate and take possession of all 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."
Bobby Sawyer 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."
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Contact Info:
Name: Bobby Sawyer
Email: Send Email
Organization: Johannesmeyer & Sawyer, PLLC
Address: 1184 Springmaid Ave suite 201, Fort Mill, SC 29708, USA
Phone: (803) 233-6777
Website: https://www.jandspllc.com/
Release ID: 89144978
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