Serving as executor of an estate is one of the most significant responsibilities you’ll ever undertake. You’re managing someone else’s life savings, settling their debts, and distributing assets to grieving family members. All of this happens under court supervision with strict deadlines and legal requirements.
Our friends at The J M Dickerson Law Firm see executors struggle with this process daily, often making preventable errors that cost the estate thousands of dollars. Hiring a probate lawyer early in the process protects both the estate and you personally from liability when things go wrong.
Probate courts impose strict deadlines for filing inventories, notifying creditors, submitting accountings, and completing distributions. These deadlines aren’t suggestions. Missing them can result in penalties, removal as executor, or personal liability for losses the estate suffers.
Different states have different timelines. Some require an initial inventory within 60 days, while others allow 90 days or more. Creditor notification periods vary as well. We track all applicable deadlines and file documents on time to keep the probate process moving forward.
Executors must notify all known creditors and publish notice to unknown creditors in a local newspaper. This process creates a deadline by which creditors must file claims against the estate. Skip this step or do it incorrectly, and creditors can pursue claims indefinitely.
We’ve seen executors pay bills without going through proper claims procedures, only to discover later that those debts were invalid or could have been negotiated. Following the correct creditor notification process protects the estate and limits your exposure to late-appearing claims.
The temptation to distribute assets quickly, especially to impatient beneficiaries, is understandable. But distribute too soon and you might not have enough left to pay taxes, final bills, or claims that surface later. When this happens, the executor can be held personally responsible for the shortfall.
According to the Internal Revenue Service, estate tax returns are due nine months after death, and the filing can reveal additional tax liabilities. We advise executors on safe distribution timing and ensure adequate reserves remain for potential obligations.
Opening a separate estate bank account is mandatory, not optional. All estate assets must flow through this account, and all payments must come from it. Using your personal account, even temporarily, creates accounting nightmares and raises questions about whether you misappropriated funds.
Some executors think they’re being helpful by paying estate expenses from their own pocket temporarily. This makes reimbursement complicated and creates documentation problems that beneficiaries might challenge later.
Estates have multiple tax obligations beyond the federal estate tax. These include:
Each has its own deadline and requirements. We coordinate with accountants to prepare necessary returns and advise on tax-saving strategies like selecting optimal asset valuation dates or timing distributions to minimize tax impact.
Many states require court approval before executors can sell estate property, especially real estate. Even when approval isn’t legally required, selling assets at below-market prices or to interested parties without proper disclosure creates liability.
We guide executors through required approval processes and help document fair market value to protect against beneficiary challenges. If you need to sell property to pay debts or because maintaining it is impractical, we’ll obtain necessary court orders first.
Beneficiaries have legal rights to information about estate administration. They can request accountings, ask about delays, and challenge your decisions. Ignoring their questions or failing to provide required information breeds suspicion and often leads to litigation.
Regular updates prevent misunderstandings. When beneficiaries understand why probate takes time and what you’re doing to protect their interests, they’re far less likely to file objections or removal petitions.
We help executors prepare clear accountings and communications that satisfy legal requirements while maintaining family relationships during an already difficult time.
Being executor comes with personal liability for mistakes. You can be sued by beneficiaries, creditors, or tax authorities if you breach your fiduciary duties. The good news is that most errors are preventable with proper legal guidance.
If you’ve been named executor of an estate or are currently serving in that role, contact our office to discuss how we can help. We’ll walk you through the probate process, handle court filings, and protect you from the costly mistakes that can turn estate administration into a personal financial nightmare.
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Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.
