You should ask someone for their permission to list them as the executor of your estate within your Last Will and Testament document, instead of simply doing so without their knowledge. This is because you do not want them to be completely blindsided by this newfound responsibility at such a fragile time as your untimely death. What’s more, you may rest easier knowing that they are willing and able to go through the actions it takes to administer your estate’s assets to your named beneficiaries successfully. Without further ado, please follow along to find out the steps your executor must take upon your unfortunate passing and how a proficient Broward County wills lawyer at The Probate Lawyers can help them accomplish each one.
What steps must my executor take once I unfortunately pass away?
Distributing your assets to your beneficiaries is the final phase in a long list of initiatives your appointed executor must take on after your death. These steps are provided below:
- Your executor must file your Last Will and Testament document with the local Florida probate court.
- Your executor must notify the relevant banks, credit card companies, and government institutions of your death.
- Your executor must petition the court to be officially appointed as such, regardless of your disclosure in your will.
- Your executor must appear in court, file an inventory of your estate’s assets, and go through other court procedures.
- Your executor must set up bank accounts to receive any incoming funds and pay any outstanding debts and taxes.
- Your executor must maintain your remaining assets according to your wishes until it is time to administer them.
What if my executor gets stuck and cannot fulfill these steps?
All of these steps may be easier said than done. That is, in your conversations during your lifetime, your desired executor may express their approval for being appointed to this position. Although they may feel differently once their job actually starts at your time of death. This may be especially true if their life circumstances have significantly shifted since your original execution of your will document.
And so, if your executor neglects their responsibilities, the Florida probate court may consider these actions executor misconduct or estate mismanagement. With this, they may remove your executor from this position and replace them with a new one. Hopefully, you named a successor executor to fill this role seamlessly. If not, your estate may be subject to a complex and time-consuming process.
With that being said, in an ideal scenario, your executor would express their concerns about this undertaking while you are still alive. That way, you may still have time to amend or replace your will with new executor designations.
If you still have lingering questions at this point in time, please do not hesitate to reach out to a talented Broward County estate lawyer. The team at The Probate Lawyers will certainly be the perfect fit for you.
