{"id":2693,"date":"2023-05-15T09:40:49","date_gmt":"2023-05-15T09:40:49","guid":{"rendered":"https:\/\/alcleanscarpet.site\/Weatherby\/2023\/05\/15\/understanding-the-duties-of-an-executor-in-probate-of-an-estate\/"},"modified":"2023-06-08T06:41:05","modified_gmt":"2023-06-08T06:41:05","slug":"understanding-the-duties-of-an-executor-in-probate-of-an-estate","status":"publish","type":"post","link":"https:\/\/alcleanscarpet.site\/Weatherby\/understanding-the-duties-of-an-executor-in-probate-of-an-estate\/","title":{"rendered":"Understanding the Duties of an Executor in Probate of an Estate"},"content":{"rendered":"<p>Someone close to you has just passed away and you\u2019ve been named as executor of their estate and must see to the distribution of estate assets in the process known as\u00a0<a title=\"Administering a Probate Estate or Trust\" href=\"http:\/\/weatherby-associates.com\/practice-areas\/administering-probate-estate-trust\/\" target=\"_blank\" rel=\"noopener\">probate<\/a>.\u00a0<strong>You know that this is an honor and an important assignment, but what, exactly, do you need to do and where do you begin?<\/strong><\/p>\n<p>The executor of an estate has many responsibilities. The tasks you need to perform are fairly straight-forward, but depending on the size of the estate and the preparations your loved one made prior to death, your job could be relatively easy or it could be complex and difficult. Additionally, everything you do will be under the supervision of the probate court as the probate process is a matter of law, and your work may be scrutinized by your loved one\u2019s beneficiaries.<\/p>\n<p>Before getting into the particular tasks an executor must perform, let\u2019s talk about three expectations that the probate court and your loved one\u2019s beneficiaries will have of you if appointed executor. If the probate court doesn\u2019t believe you can meet these expectations, the judge may assign someone to administrate the estate even if the will names you as executor. If beneficiaries don\u2019t believe you can meet these expectations, they may challenge your appointment in court, costing much in the way of delays and expenses.<\/p>\n<p>The probate court and beneficiaries expect the executor of an estate to be:<\/p>\n<ul>\n<li><strong>Impartial \u2014<\/strong>\u00a0Favoring some beneficiaries over others could result in objections to how probate of the estate is being handled and objections to the appointed executor, both of which could involve trials and lengthy delays. In extreme cases, executors may even be charged with fraud.<\/li>\n<li><strong>Loyal \u2014<\/strong>\u00a0An executor should not do anything with estate money or assets that is not directed by the will or the requirements of law. Especially, an executor should not distribute assets to him or herself, except as directed by the will, or use estate funds to pay personal expenses. An executor is permitted reasonable compensation for their services, but this and any other disbursements or investments of estate assets must be approved by the probate court ahead of time.<\/li>\n<li><strong>Diligent \u2014<\/strong>\u00a0Careful and detailed records must be kept of all estate assets and transactions involving those assets, including all account balances, disbursements and investments. An executor should also be diligent in meeting all requirements of law and any directives from probate court.<\/li>\n<\/ul>\n<h2>Specific Duties and Tasks of an Estate Executor in Connecticut<\/h2>\n<p>In addition to the expectations mentioned above, the executor(s) of an estate must also engage in the specific tasks below to complete probate of the estate. As you can see, the executor(s) are responsible for a great deal and the involvement required to probate a larger estate can easily become overwhelming. Having the assistance of an experienced\u00a0<a title=\"Administering a Probate Estate or Trust\" href=\"http:\/\/weatherby-associates.com\/practice-areas\/administering-probate-estate-trust\/\" target=\"_blank\" rel=\"noopener\">probate attorney<\/a>\u00a0can greatly reduce the risk for errors, ensure deadlines are met and provide for a better experience in probating your loved one\u2019s estate.<\/p>\n<ol>\n<li><strong>Take the person\u2019s will and death certificate to probate court and open the probate case<\/strong><br \/>\nConnecticut law requires a probate case to be opened for an estate within 30 days of the date on which the executor or holder of the will receives notice of the testator\u2019s death. Probate court will notify all beneficiaries named in the will along with anyone who would be a beneficiary under Connecticut intestate law even if they are not named in the will.\u00a0A hearing will be held to evaluate the qualifications of the executor and appoint the executor unless all of the beneficiaries and their heirs waive the hearing in writing. If\u00a0the hearing is waived by all of the interested parties the court will generally expedite this process and forgo the hearing.<\/li>\n<li><strong>Obtain a bond if required by the will or by the probate court judge<\/strong><br \/>\nUnless the will specifically excuses the posting of a bond, the probate court will require that the executor obtain a bond for the purpose of protecting the interest of the beneficiaries should be executor commit an error or an intentional act that financially damages the beneficiaries.\u00a0 The court may waive the bond if the estate assets are worth less than $20,000.<\/li>\n<li><strong>Open a fiduciary bank account to collect all cash and liquidated assets<\/strong><br \/>\nAn executor must not combine estate funds with personal funds\u00a0in any fashion. The best way to ensure this is to open a bank account for the express purpose of depositing estate funds, making estate-related disbursements and paying estate expenses. Funds from all the deceased\u2019s other accounts, except those owned jointly with a surviving spouse or other person or those accounts with a designated beneficiary, and all proceeds from the sale of assets should be deposited in to the estate account.<\/li>\n<li><strong>Locate, protect and preserve all assets in the individual\u2019s estate<\/strong><br \/>\nTracking down all the assets of an estate is not always easy. \u00a0 Most people don\u2019t list all their assets in the will or tell their closest loved ones about all of them. \u00a0 The executor is to take possession and control of all of the assets of the estate.\u00a0 Ensuring that assets don\u2019t get lost, damaged or devalued can be even trickier and may require the executor to invest funds, manage rental properties or even manage a business. Income lost to the estate from failure to manage assets properly or assets that have not been protected or preserved can result in personal liability for the executor.<\/li>\n<li><strong>Take an inventory of all assets and file the inventory with probate court<\/strong><br \/>\nWithin two months of the executor\u2019s appointment, the executor must file an inventory of all assets that must be probated. This includes all money, accounts, personal property, real estate, intangible property in the deceased\u2019s name, including life insurance benefits left to the estate or to beneficiaries no longer living, and life insurance policies owned by the decedent on other individuals and property located in other states. It does not include assets held in trusts, life insurance with a designated living beneficiary, or other property whose passing is determined by the terms under which the property is held, including individual retirement accounts, qualified retirement plans and tax deferred annuities.<\/li>\n<li><strong>Identify creditors with legitimate claims against the estate and the amounts due to them<\/strong><br \/>\nCreditors may have up to two years after a debtor\u2019s death to seek recovery of any claims. However, the probate court will, within 14 days after the executor&#8217;s appointment, place a newspaper notice notifying the estate&#8217;s creditors of the decedent&#8217;s death and their obligation to present claims promptly.\u00a0 In most cases this will limit the creditors&#8217; claims\u00a0period to\u00a0150 days from the date the notice is published.\u00a0 The executor can shorten that time period to\u00a090 days by sending certified letters to creditors alerting them to the debtor\u2019s death and the need to file a claim against the estate by a certain date. The executor is responsible for ensuring the validity of all creditors\u2019 claims. There are many deadlines and details regarding this requirement that must be followed precisely. \u00a0 It is very important that they be observed since the executor may be held personally liable for having failed to properly pay a just claim. \u00a0Hiring a probate attorney can help avoid costly errors.<\/li>\n<li><strong>Liquidate any assets necessary to pay debts, taxes and distributions to beneficiaries<\/strong><br \/>\nIf the estate\u2019s cash accounts aren\u2019t adequate to pay all debts and taxes, or division of an asset is necessary for all beneficiaries to receive their share, then some assets may need to be sold or liquidated. Approval from the probate court may be required before selling any estate assets.<\/li>\n<li><strong>Pay creditors<\/strong><br \/>\nOnce the deadline for claims has arrived, their validity determined and assets liquidated, if needed, the executor pays creditors out of estate funds.<\/li>\n<li><strong>File returns for and pay federal and state taxes, including estate, and income taxes\u00a0<\/strong><br \/>\nState and federal income taxes must be paid on income for the year of the deceased\u2019s death. \u00a0 A state estate tax return must be filed for every person with a Connecticut estate.\u00a0 The Connecticut estate tax return must include on it all assets that the decedent had any interest in whether those assets are subject to probate or not. \u00a0 This would include such assets as those\u00a0held in trust and beneficiary-designated accounts (401(k)s, IRAs, annuities, and life insurance) as well as joint accounts passing under survivorship, and jointly owned real estate whether with a spouse or other persons.\u00a0 The estate tax return will also need to include any reportable gifts made by the decedent during their lifetime.\u00a0 If the estate is large enough,the executor will also have to file a federal estate tax return.\u00a0\u00a0In addition, the estate will need to file federal and state income tax returns for those years that the estate remains open.<\/li>\n<li><strong>Distribute remaining assets to heirs\u00a0<\/strong><br \/>\nOnce legitimate creditors and taxes have been paid, the remaining assets, except for funds reserved to pay court and other fees, can be distributed to beneficiaries as directed in the will. This part can be complex if a beneficiary or beneficiary-in-law challenges the will. A challenge or objection to the will can result in long months of litigation and a trial.<\/li>\n<li><strong>Finalize the estate account and file with probate court<\/strong><br \/>\nOnce all estate assets are distributed, the executor can finalize the estate account, close the fiduciary bank account and file the finalized account with the probate court. Assuming the court accepts the final accounting, the case will be closed.<\/li>\n<\/ol>\n<h2>Get Help with Probate of Your Loved One\u2019s Estate<\/h2>\n<p>If a recently deceased loved one left an estate that must go through probate, the assistance of an experienced probate lawyer can help keep costs down, decrease confusion and frustration, and avoid costly errors. The Connecticut probate attorneys at\u00a0<a title=\"Administering a Probate Estate or Trust\" href=\"http:\/\/weatherby-associates.com\/practice-areas\/administering-probate-estate-trust\/\" target=\"_blank\" rel=\"noopener\">Weatherby &amp; Associates<\/a>, PC can help you make sure your loved one\u2019s estate is handled correctly.<\/p>\n<p><strong>Call our Hartford County probate attorneys toll free today: 888-822-8778.<\/strong><\/p>\n<p>https:\/\/weatherby-associates.com\/underst<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Someone close to you has just passed away and you\u2019ve been named as executor of their estate and must see to the distribution of estate assets in the process known [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2693","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.5 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Understanding the Duties of an Executor in Probate of an Estate<\/title>\n<meta name=\"description\" content=\"Someone close to you has just passed away and you\u2019ve been named as executor of their estate and must see to the distribution of estate assets in the process known as\u00a0probate.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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