Laskody Law Office, PC

Yes. An estate administrator has a fiduciary duty to the testator to act in their best interest. If they withhold payments to other beneficiaries, fail to itemize assets, engage in self-dealing, or otherwise violate their fiduciary to the testator, their position as estate administrator can be challenged and they may be removed or replaced. You must have good reason to suspect this though and evidence to support your claims.

Yes, it may seem counterintuitive or like a conflict of interest, but the estate administrator does not actually have control over how the assets are distributed. They are simply responsible for settling the estate and ensuring that a will is provided if one exists. They cannot alter or change the terms of the will. If there are concerns about undue influence apart from the appointment as estate administrator the will can be contested.

If you have been asked to be someone's personal representative or estate administrator you may be weighing the pros and cons. If you have the time and are willing to commit to the necessary tasks, you will be able to succeed in this role with the proper support. You do not have to be an expert in any of the subjects at issue because you will have lawyers and tax specialists to work with, but you do have to be organized and dedicated.

The length of the estate administration process will vary depending on numerous factors. However, it is rarely a brief process. The probate administration process consists of pre-probate actions, such as obtaining death certificates, notifying social security, and indexing, probate, and post-probate administration. Overall, the process generally takes a year or more, with probate alone accounting for six to 12 months.

In most cases, you will need both an estate attorney and an estate administrator because they serve different functions. Your estate attorney will help you make a valid will and testament and can also help you appoint an estate administrator (also known as a personal representative). The estate administrator is responsible for settling and administering your estate and will likely require the assistance of a probate attorney.

You have the option to appoint your own estate administrator. This person should be someone whom you know very well and for whom you have a deep trust. They should not have any criminal background involving fraud and should not have any interest that would conflict with the proper administration of your estate. They do not have to be an expert in tax law or probate, but they should be organized and have sufficient free time to devote to this.

The estate administration process varies greatly depending on the complexity of your case as well as the size of your estate and how contentious the probate proceedings become. The longer and more contentious the probate proceedings, the higher the fees for court, your personal representation, and your probate attorney. These fees are unavoidable and will be deducted from your estate before the remaining assets can be distributed.

An estate administrator is responsible for spearheading all tasks required for the estate administration process. They often work with the probate attorney, tax specialists, and accountants, to complete all necessary steps. They must make sure all tasks are completed by their corresponding deadlines, such as payment for estate taxes and court dates. Smaller tasks, like contacting social security, also cannot fall through the cracks.

There are many individual tasks involved in estate administration, but the main ones involve identifying all assets and debts of the decedent. All debts, liens, and taxes must be paid with the assets before the estate can be settled. Then the will must be located, the beneficiaries identified and contacted, and further probate processes to establish the will's validity and deal with any challenges to it before probate can be granted.

Estate administration is essentially all the administrative tasks required after someone's death. This ranges from requesting a death certificate and notifying social security to identifying assets, and debts, and settling the decedent's estate. Once the estate is settled and all assets have been paid (a process completed in probate court) the remaining assets will be distributed either based on the will or based on intestate succession.