You’ve Been Named an Executor. Now What?

So, you’ve been asked by your Mom to be her executor when she passes away. This is an honor.

She’s telling you that over everyone else in the world, you are the most trusted person to help manage her aff airs when she passes away.

You feel you have what it takes to do a good job when she passes, though you’re likely not sure what exactly the process entails. Here are a few tips on what to expect early in the process:

When she does pass away, you will be, of course, grief stricken. You’ll spend time making the fi nal arrangements and hopefully you’ll be with family. The funeral director will ask you how many death certifi cates you need. We typically recommend getting 10-15, though this number can vary.

Another step you’ll need to take is to locate the original will. Remember that you are not offi cially allowed to act as the executor until you are sworn in at the courthouse. This process is usually started by hiring a lawyer to prepare a petition.

After you’ve been sworn in, the process of collecting all the information regarding the estate can begin. You’ll need to understand what assets the deceased person had. You’ll also want to understand if there are outstanding debts. As time goes on, your lawyer will help you to determine how to pay any creditor claims and taxes prior to making fi nal distribution.

The typical estate administration matter can take 12 months or more in Pennsylvania. During this time there are many legal steps you must take to administer the estate correctly. If you make mistakes in the administration, you could risk personal liability. As a result, most executors decide to hire a lawyer to help with this process.

Our law fi rm has prepared a complimentary guide called “What You Need To Know About Estate Administration”. This guide has important information including a “Do’s and Don’ts” list and a sample Estate Administration timeline. Call 724-564-6615 to request a copy.

Editor’s Note: This article was written by Certifi ed Elder Law Attorney* Tim Sechler, Esq., Sechler Law Firm, LLC. See our ad on the Back Cover or contact us at 724-564-6615 or www.SechlerLawFirm.com. *Certifi ed as an Elder Law Attorney by the National Elder Law Foundation as accredited by the Pennsylvania Supreme Court.