Jun 06

I’m Listed as Executor… What Now?

What happens when your loved one passes away and you have just found out that you are the executor in the will?  If you found your way to this page, then you may be feeling overwhelmed, lost or just completely confused as to what happens next.  Do not panic! Our estate administration lawyers in Austin is here to help you answer the question of “I’m listed as executor… what now?”

Before you reach out to our team estate administration attorneys, we ask that you please take time to grieve your loved one.  We understand wanting to find the next steps.  We want to help you with that.  Your loved one matters to us as well. After you have had time to grieve, preferably after the funeral or ceremony to celebrate your loved one, please reach out to our estate administration attorney in Austin. 

When a person passes away (we will call this person “Decedent”), they have assets that need to be transferred and/or disbursed as set forth in the will (if they had one!) There are also state laws that must be followed. Now, we can start providing specifics to the initial question of “I’m listed as executor… what now?”

Here are some questions that we ask:

Was the Decedent married? 

Did the Decedent own real property? 

Where did the Decedent live?

What kind of accounts did the Decedent have? This would include checking, savings, IRAs, and 401k accounts.

Do you have the original will? If not, do you know where the location of the original will is?

Does the Decedent have a trust agreement with the will? 

Does the Decedent have unpaid debts? This includes mortgage liens, vehicle loans, medical bills and credit card debts.

Do you think any family members will contest the will?

Next Steps: 

1. Ask for at least ten (10) death certificates from the funeral home.
2. Locate the original will. If you cannot locate the original will, be sure to contact Decedent’s family members and the law firm that prepared the will to see if they know the location of the original.
3. Review Decedent’s will to see if the Decedent had special requests detailing their final wishes. (Example: Does the Decedent want to be buried, cremated, or donated to science? Was the Decedent an organ donor?)
4. Take time to make arrangements for Decedent’s minor children, adult dependents, and pets
5. Plan the funeral or celebration ceremony for your loved one
6. Contact our law firm for estate administration in Austin at hello@hardiealcozer.com and ask to make an appointment with one of our estate administration lawyers. We would then walk you through the probate process from start to finish. We ask that you provide us with a copy of the will and the death certificate. Our estate administration attorney would also ask that you complete this questionnaire so that we can review it prior to the meeting.
7. Begin to reach out to Decedent’s banks and provide them with the death certificate. If the Decedent has life insurance, that typically passes outside of probate so you can also provide the company with a copy of the death certificate.
8. Contact an accountant to assist with Decedent’s taxes.

The probate process is not a simple process that you can take care of by yourself.  One question we get often is “how long does the probate take?” From start to finish, the process takes 6-9 months if uncontested.  Our estate administration lawyer in Austin will draft the application based on the information you provide us and then send it to you for review.  Once we file with the court, we have 3 days to provide the court with the original will.  At this point, the court reviews the application and the will and sends our office hearing dates that are 4-6 weeks after the date of filing the application.  Our Austin estate administration attorney will prepare documents for the hearing and send them to you for review 48 hours prior to the hearing date along with the questions you will be asked at the hearing.  All hearings are in-person.  

Our office is familiar with the Travis County, Williamson County, Hays County, and surrounding counties’ probate court systems.  Our team of Austin estate administration lawyers will take the burden from you so that you can focus on the important things such as remembering your loved one and spending time with your family. 

We are here to provide insights and guidance to answer that question of “I’m listed as the executor… what now?”