The death of a loved one is difficult enough without having to worry about navigating an entirely new area - probate and estate administration. For the family, it's a time to grieve, reflect and come together to support one another. For the executor, that grief is put on hold. He (or she) has a job to do. He's been tasked with the "business-side" of this loss. He must instead spend his time arranging the funeral, locating the Will, contacting an attorney and accountant, sorting through bank statements and bills, cleaning out the house, navigating various tax returns, managing the expectations of the beneficiaries, and so much more. It can feel incredibly overwhelming to figure out which tasks to tackle first.
In a quick search online, you'll read that the executor should contact an estate attorney immediately after someone passes away. I disagree.
Before contacting an estate attorney, I typically recommend that the executor does the following:
1. Arrange for and hold the funeral service. In some cases this may not be practical if the executor is only "in-town" for the funeral and/or wants other traveling family members to be present for the initial appointment. If it is practical to wait, I highly recommend waiting to meet with an attorney until after the funeral.
2. Locate the original Will if there is one.
3. Locate as much information as possible regarding bank accounts, policies, and anticipated bills/expenses. It's helpful to bring these documents to the initial appointment. The attorney can help with locating additional information.
4. Request death certificates from the funeral home. It can be cumbersome to obtain more later so it's always best to overestimate.
The executor should then contact an estate attorney either: (1) once the list above is completed and death certificates are obtained or (2) within two months of a loved ones' passing to avoid missing any deadlines.
There are of course exceptions to this, such as in the case of serious family disputes, exposure to fraud, or other issues that require more immediate legal attention.
Does the executor have to use the same attorney that prepared the Will?
In some cases, the attorney that prepared the Will may have the original document. If the executor contacts this attorney to obtain the original Will, he is not obligated to retain his services to administer the estate. The executor is permitted to retain that same attorney if he wants to, but there's no obligation to do so.
As an estate attorney, Attorney Jillian Barton is committed to providing executors with compassionate support, tailored guidance, and nearly a decade of dedicated experience in handling estate matters. To schedule an appointment for an estate matter or for estate planning, please call 267-625-8877 or book online at bartonestatelaw.com/appointment.
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