Understanding Estate Administration

Estate administration refers to the process of managing and dispersing an individual's assets after he or she dies in the United States. This process typically includes identifying and inventorying the decedent’s assets, paying debts and taxes, and distributing any remaining assets to the beneficiaries named in the decedent’s will. Without a valid will, actions are taken to comply with state intestacy laws. The individual responsible for managing the process is the personal representative or the executor. Estate administration can be done with or without the oversight of a court, depending on specific estate planning strategies made in advance.

Estate administration typically involves several steps, including the following:

·       Probating the will

·       Obtaining a death certificate

·       Obtaining a tax identification number for the estate

·       Identifying and locating the deceased person’s assets, including bank accounts, investments, personal property, real estate, and other assets

·       Notifying creditors and paying any outstanding debts, taxes, and other liabilities from the assets of the estate

·       Obtaining a court-issued document called letters of testamentary or letters of administration, giving the personal representative or executor the authority to act on behalf of the estate

·       Inventorying and appraising the assets of the estate and keeping accurate records of all transactions

·       Filing any necessary tax returns and paying any taxes due on the estate

·       Distributing the estate’s assets to the beneficiaries according to the terms of the will or state laws of inheritance

·       Closing the estate by submitting a final accounting to the court and obtaining court approval to distribute the assets of the estate

The process may vary slightly depending on the estate’s size and complexity and whether the case is probated or non-probated. A probate court action may be necessary for large estates to ensure the legality and validity of the will and to oversee the distribution of assets. Non-probated estates are usually smaller and have fewer legal requirements.

Estate planning can help avoid probate and its complications, and in some cases, estate administration can occur outside of probate court (non-probate administration). It is best to consult with an estate planning attorney or probate lawyer who can help navigate the specific laws and regulations of the relevant state.

State Law Governs Estate Administration

With very few exceptions, estate administration is governed by state law in the US. Each state has unique laws and regulations regarding the probate process and the distribution of a decedent’s assets. These laws can vary significantly, so it is important to consult with an estate planning attorney or probate lawyer familiar with the laws of the state where the decedent lived.

At the federal level, the estate administration must comply with IRS Codes that address the following:

·       Estate taxes

·       Gift taxes

·       Generation-skipping transfer of assets (gifting to grandchildren)

·       Special valuation rules

The state probate process includes appointing a personal representative, inventorying and appraising assets, and distributing assets to beneficiaries. State laws may also dictate the procedures for challenging a will or contesting the appointment of a personal representative.

Probate

The length of time it takes to administer an estate can vary depending on the estate’s size and complexity, the number of beneficiaries, and whether or not there are disputes or challenges to the will.

In general, the probate process can take several months to a year or more to complete. If the estate is small and there are no disputes or challenges to the will, the process may go faster. However, if the estate is large and complex, or there are disputes or challenges to the will, the process may take longer. The non-probate process is usually faster and can take several weeks or months to complete, so estate planning often centers on minimizing the potential for probate.

It's important to note that some states have laws that set a time limit for the probate process and asset distribution. Consult with a probate attorney familiar with the laws of the state where the decedent lived to get an estimate of the time frame.

Estate administration doesn’t conclude with the distribution of assets if the estate has ongoing financial obligations such as trust administration, paying taxes, etc., which may prolong the administration.

Potential Problems

Several problems can occur when administering an estate, including:

·       Beneficiary disputes – If the decedent’s will is unclear or there are multiple beneficiaries, disputes may arise over who is entitled to receive what assets.

·       Challenges to the will – Challenging a will can occur for various reasons, such as lack of capacity, undue influence, or fraud.

·       Lack of assets – If the decedent’s debts and liabilities exceed the value of their assets, there may not be enough to pay off creditors and beneficiaries.

·       Probate process delays – The probate process can be time-consuming and may create delays due to missing or incomplete documentation or beneficiary disputes.

·       Tax issues – The estate may be subject to taxes at the federal and state level, which can be complex and require the help of a tax professional.

·       Not following the law – The personal representative may not follow the state laws and the will’s instructions while administering the estate, which can lead to legal issues.

·       Not keeping accurate records – Not keeping accurate records of all estate transactions and assets can lead to confusion and beneficiary disputes.

·       Not timely closing the estate – Not closing the estate as quickly as possible can lead to additional costs, legal issues, and disputes among beneficiaries.

It is important to seek the assistance of an estate or probate attorney to administer the estate and address issues that arise properly.

Closing the Estate

Estate administration concludes when:

·       The personal representative distributes all assets according to the terms of the will or state laws

·       The personal representative closes any financial accounts, such as bank and investment accounts, that belong to the estate

·       The personal representative files all final tax returns for the decedent and the estate

·       The personal representative files a final report with the probate court, including an accounting of all assets and debts of the estate, and any beneficiary distributions

·       The personal representative obtains court approval and discharge, closing the estate

Once these tasks are complete, the estate administration process concludes, and the deceased person’s assets have been properly and legally distributed according to the decedent’s wishes or state laws.

While estate administration has a general template and set of rules to follow, each estate is unique, and ensuring all formalities are properly addressed can be daunting. Meeting with a probate or estate planning attorney to structure an approach and create a list of tasks can help a personal representative track all the necessary elements. A systematic and organized approach with proper attorney oversight can make estate administration run smoothly.

We hope you found this article helpful. Please contact our Denver office today at (303) 337-2400 and schedule a free consultation to discuss your legal matters. We look forward to the opportunity to work with you.