When the time comes for an executor of an estate plan to step into their role, they encounter a long list of to-do’s. It can be an overwhelming responsibility for anyone. The amount of communication and paperwork involved is often underestimated. So, I’ve assembled a checklist outlining the duties of an executor, hoping to simplify the process for you.
Hi, I’m Amanda Waltz, a practicing probate attorney in Northwest, Ohio. I help clients with the complex process of estate planning and administration, along with other probate services. If you are having trouble administering an estate plan, or have any questions, feel free to connect with me. As always, you should reach out to a lawyer in your area that is familiar with your state’s laws and processes.
As promised, let’s move on to the executor duties checklist, designed to make the estate administration journey smoother and more manageable. This checklist is not exhaustive and may vary depending on the specific estate.
It is always advisable for the executor to consult with an estate planning attorney for guidance throughout the probate process.
Executor Duties Checklist
1. Obtain the death certificate of the deceased person.
There is really nothing that can be done until the death certificate is in hand. This can be obtained from the funeral home and may take some time to receive.
2. Locate and secure the original will.
The court may accept a copy of the will as valid evidence if the executor does not have the original, but has made reasonable effort to locate it. However, notice will have to be given to all the beneficiaries.
3. Determine if probate is necessary and file a petition if it is.
This is a matter of determining what assets are in the estate and whether or not they have beneficiaries. So, this step and step 4 go hand-in-hand. If there are assets that do not have a beneficiary indicated, those assets will have to go through the probate process. Those organizations, ie the financial institutions, life insurance policyholders, the bank, etc., will each be able to tell you whether or not there is a beneficiary listed.
When there is a beneficiary listed, those assets go straight to the beneficiaries and do not have to go through probate court. (Read more about avoiding probate with proper planning here.)
4. Notify government agencies and financial institutions of the death.
The court may accept a copy of the will as valid evidence if the executor does not have the original, but has made reasonable effort to locate it. However, notice will have to be given to all the beneficiaries.
5. Obtain an EIN (Employer Identification Number) from the IRS for the estate.
The application for an EIN number can be found on the IRS’s website. This does not cost money, so beware of websites offering to obtain an EIN for a fee.
6. Open a bank account for the estate and deposit assets into it.
Once a probate estate is open, an EIN number will be used to open up a bank account for the estate to deposit any of the assets that go through the probate court process. What’s important here is to keep personal assets separate from the estate’s assets. While not necessary, I recommend taking extra precautions and using a separate bank account for the estate so there is no confusion about personal assets versus the estate’s assets.
7. Identify and inventory assets and debts of the estate.
In the state of Ohio, claimants have a six-month period to bring forward their claims against the estate. If the estate remains unopened for six months, many of these debts may be forgiven or become uncollectible. However, it is important to note that certain entities, such as the IRS and Medicaid, always maintain their right to collect owed amounts.
For instance, if a credit card bill remains unpaid during the six-month period and the estate is not opened, the credit card company has the opportunity to initiate the estate opening process to claim the debt. Any legitimate debts received after opening the estate become the responsibility of the estate and must be paid according to the proper order of priority.
8. Pay any outstanding debts of the deceased person in the proper order.
In the state of Ohio, claimants have a six-month period to bring forward their claims against the estate. If the estate remains unopened for six months, many of these debts may be forgiven or become uncollectible. However, it is important to note that certain entities, such as the IRS and Medicaid, always maintain their right to collect owed amounts.
For instance, if a credit card bill remains unpaid during the six-month period and the estate is not opened, the credit card company has the opportunity to initiate the estate opening process to claim the debt. Any legitimate debts received after opening the estate become the responsibility of the estate and must be paid according to the proper order of priority.
9. File the deceased person’s final tax returns and pay any taxes owed.
10. Manage and invest estate assets prudently.
Be sure to hire professionals for assistance as needed.
11. Distribute assets to beneficiaries according to the terms of the will.
12. Keep accurate records of all estate transactions.
The court will want to know down to the penny what went into and what came out of the estate. Be sure to keep meticulous accounting records with receipts and bank statements.
13. Provide an accounting of estate assets and distributions to beneficiaries and the court if required.
When the estate is being closed with the final accounting is prepared, there will be a request to approve an attorney fees. The court will need to review and approve these fees, which will then be paid out of the estate. Additionally, the executor can be paid fiduciary fees, which are regulated by state statute, Ohio Revised Code 2113.35, and just like attorney fees must always be approved by the Probate Court.
14. Close the estate and distribute any remaining assets to the beneficiaries.
Final thoughts
Franklin County Probate Court’s website also provides really great additional resources for anyone doing research on the topic. I recommend viewing the “Estate Administration Pamphlet” found here to answer even more common questions regarding estate administration.
Of course, I am also happy to be a resource and answer any questions on your estate planning or estate administration journey. You can connect with me on Instagram, Facebook, or in my inbox.