Your To – Do List
If you are preparing to be the personal representative (executor or administrator) of someone’s estate, you have several steps to take. Here is a good list to start with
1. First, find the Original Will. The probate court will not accept a copy. If there is no will, you’ll still need to administer the estate, except in rare cases. The list below outlines the documents needed to begin the administration process in either case:
2. Get a copy of the Death Certificate, and you’ll want 4 or 5 certified copies.
3. The Deeds to all real estate owned by the decedent. If possible, get the surveys, tax bills, appraisals and any other title records that are pertinent.
4. All life, property and health Insurance Policies. This includes life insurance policies of the decedent or those policies insuring his life. At least find the declaration page of homeowners and car insurance. Find the health care insurer as well with policy number.
5. Tags and Titles to all vehicles, which includes cars, boats, RVs, mobile homes, motorcycles, etc.
6. Statements for all Bank Accounts. This includes checking, savings, CD investments. You need a record of what was spent and received over the last 18 months. Also, there may be a safety deposit box that you need entry into.
7. Investment accounts and original stocks and bonds (if any) and the latest statements.
8. If the decedent had any businesses (especially with partners), find all the Business Records which should include Articles of Incorporation, By Laws, Operating Agreements, Partnership Agreements, Buy-Sell Agreements, and any other documentation that helps you “value” the business and identify partners.
9. Retirement Account statements, which will include, IRAs, pensions 401Ks, and others. Find the documents which will show the beneficiary designations. Remember, these pass OUTSIDE of the will and are NOT a part of the probate estate.
10. All Debts the decedent owed. This may be difficult! It will include credit cards, mortgage payments, hospital/medical bills, funeral expenses, promissory notes, car and other loan payments. Try to obtain any original promissory documents.
11. Tax Returns. This will include income tax, gift tax, state and federal, and hopefully there are no unresolved issues that you must resolve.
12. Employment Records should be obtained as well. Handbooks and other agreements or contracts may help you.
13. Miscellaneous: Although this is a good list to start with, any given circumstance will require additional and/or different documentary support. If you are asked to serve as an Executor/Administrator for anyone you know, I would advise that you ask for this information (or at least its location) long before it is needed!
An Atlanta Probate Attorney can help you sort out what else may be needed in your case. So, give me a call.
