Losing a loved one is never easy, and you and your family may be experiencing a range of emotions from grief to denial to anger. However, someone needs to be in charge of dealing with the departed’s remaining affairs, including their assets and debts. This person is known as the executor or personal representative of the estate. Sometimes this person is named in the will (an “executor”); other times, when there is no will or the persons named in the will cannot serve, the court will appoint a qualified representative (an “administrator”), such as a family member who has volunteered to take the job.
If you would like to learn more about the responsibilities of being an executor or administrator of an estate, speak with an experienced estate administration lawyer at Romano & Sumner. Our firm can serve as your guide in reporting estate administration with Sugar Land courts and assist you through the process to avoid unnecessary delays and complications.
In a way, the process begins immediately after a person passes away. When this happens, someone needs to file an initial application, along with a copy of the last will and testament, if one exists, with the appropriate probate court. This is typically done by the named executor, if they are aware of their role, but it can also be performed by another family member, regardless of whether they are named in the will. The filing must be done in the county where the decedent resided or where the decedent owned real property, so, for Sugar Land, this is the Fort Bend County courts at law. It is crucial to remember that if there is a will, the original will must be filed with the county clerk shortly after the initial petition is filed.
This serves two main purposes. One, it allows the county clerk to post a public notice about the probate filing to notify anyone who may have an interest in the decedent’s estate. This is particularly applicable to those who may have a dispute over the will, if one exists, or a dispute over the listed heirs if no will exists. And two, it allows a judge to set a hearing where they will legally acknowledge the decedent’s passing, verify the validity of the will, if one exists, or approve the named heirs if no will exists, and then formally appoint the executor or administrator of the estate.
Whether they are named in the will, a volunteer, or appointed by the judge, the primary job of the executor or administrator is to handle the leftover matters of the decedent’s life. This includes paying off any debts and taxes, as well as ensuring the correct distribution of their properties.
To accomplish this, the executor or administrator has a list of tasks to complete after they are officially appointed by the judge, the first of which is to take an inventory of the decedent’s assets and debts. Assets can include cash, investment accounts, and personal items, so it may be necessary to get a valuation for some of the assets.
Once the executor has an idea of what is available, the next step is to notify the appropriate parties of the decedent’s passing, including the creditors and beneficiaries. As part of this process, the executor is also responsible for reporting estate administration to the court in Sugar Land to ensure all legal and procedural requirements are properly followed. Unfortunately, a person’s debts do not disappear upon death, and while the obligations usually do not pass to their heirs, the executor or administrator should use the assets to settle the debts as best as possible. After the debts and taxes are paid, the beneficiaries can receive their inheritances as specified in the will.
Handling a loved one’s affairs after their passing can be stressful, and the process can be filled with challenges from family disputes to legal roadblocks. The legal team at Romano & Sumner has decades of experience reporting estate administration to Sugar Land courts and could help you navigate through the obstacles.
We understand that this is a difficult time, and we will be by your side to ease some of your burden. Call now to schedule an initial consultation at no cost and no obligation.
Romano & Sumner, PLLC
