Google executor of will checklist for a broad overview.

One thing - have as many copies of the death certificate you can get your hands on. Or get notarized copies of the original certificate. Chances are exellent you will need to produce a certificate to transfer assets, deal with banks, etc.

From Findlaw:
"You are entitled, at the expense of the estate, to retain an attorney to guide you through the complicated probate process. With the attorney's guidance, you will have the authority and responsibility to perform the following tasks:

*Obtain a copy of the latest will. Read the will and understand the instructions provided.
File a petition with the court to admit the will to probate.
*Collect all of the decedent's assets.
If the decedent had a safe deposit box, take possession of it and its contents.
*Consult with banks and savings and loans in the area to find all accounts of the deceased. Also check for cash and other valuables that may be hidden around the home.
*Transfer all securities to the executor's name and continue to collect dividends and interest on behalf of the heirs of the deceased.
*Locate and inventory all real estate deeds, mortgages, leases, and tax information.
*Provide immediate management for rental properties.
Arrange ancillary administration for out-of-state property.
Collect money owed the deceased and check interests in estates of other deceased persons.
*Locate all household and personal effects and other personal property in order to inventory and protect them.
*Collect all life insurance proceeds payable to the estate.
*Find and safeguard all business interests, valuables, personal property, important papers, the residence, vacation homes, and other properties.
*Inventory all assets and arrange for appraisal for items.
*Determine liquidity needs. Assemble bookkeeping records. *Review investment portfolio. Sell appropriate assets.
*Pay valid claims against the estate. Reject improper claims and defend the estate if necessary.
*Pay any state and federal taxes that may be due.
*File income tax returns for the decedent and the estate.
Determine whether the estate qualifies for "special use valuation" under the tax laws (IRC ? 2032A), the qualified family-owned business interest deduction (IRC ? 2057), or deferral of estate taxes (IRC ?? 6161 or 6166).
*File federal estate tax return and state death and/or inheritance tax return.
*Prepare statement of all receipts and disbursements. Pay attorneys' fees and executor's fees. Assist the attorney in defending the estate, if necessary.
*Allocate specific bequests and the remaining assets; obtain tax releases and receipts as directed by the court. *Establish a testamentary trust (or "pour over" into a living trust), where appropriate. An attorney can let you know how to accomplish these goals."

In Canada we are also allowed to hire an accountant to do financial work (we used ours for filing the income tax return - they are familiar with estate tax returns).

We had to wait until the lawyer got the response for the probate documents and a court document proving the executor person - Appointment of Estate Executor. That is the document needed before you can access any bank information. And the banks will need to make a copy of that certificate, a death certificate (notarized is fine or if you have extra copies), if you hire an accountant they need the same. Always take along 2 pieces of identification such as a driver's license and a passport or other recognized ID when establishing an executor relationship. In the meantime, in Canada, the lawyer prepared notices to all beneficiaries advising them of the named executor so they know what is going on with the estate.

Good luck with this. I am sorry for your loss.

Peggy

Yes, here in the states you can hire an accountant - again at the expense of the estate - to do tax returns. And much of the estate legwork/paperwork/beneficiary notifications would be done by an attorney. However, an attorney can't assemble assets, go through personal belongings for bequeathed items... the nitty gritty type things that need to be done by the executor after a death.

Hopefully the OP and the deceased aunt live close; trying to settle an estate long distance is a nuisance, at best.

It all might sound difficult. It's not. It is, however, a time consuming lot of work with attention to detail. It can take several years - tax returns for 2010 and 2011 as assets will continue to earn interest and/or dividends until they're closed out. That already puts one into 2012 before the estate is distributed and finally settled.

We don't live near by- We are 600 miles away. Yes, it is time consuming. I didn't realize how many things have to be taken care of. For instance, before her utlities departments will even change her address to mine so I can receive her bills, I have to send a copy of my authorization and a copy of her death certificate to them. One insists on having a notarized copy of my driver's license also.

I understand the utilities requiring proof. It could be easy for someone to mess up someone else as a prank and cause all kinds of chaos. So that's reasonable.

Get a good probate attorney and they'll help you through things, and bill you accordingly.

Laws vary from state to state and sometimes a Will will allow or limit powers of the executor. Former Chief Justice Warren Burger made a real mess for his estate by not giving sufficient powers to his executor and it cost his estate a lot because of that omission.

Here in MN, the executor is called a "Personal Representative" and they have a lot of power almost automatically, once appointed by the Court of course. Actually that's not good because I've seen several estates mishandled, to a level I'd call criminally even.

A lot depends on the size and complexity of the estate but a fax machine (or a computer with fax software and a scanner will work) and access to no charge long distance will be helpful. A separate email account might be handy if it's going to be a lot of communication although your personal one would work. Generally you can charge all of your expenses and time to the estate. Keep a contemporaneous log of your mileage with date, destination and purpose on there. Make sure that as you're reimbursing yourself that you write yourself a check, supported by an invoice to the estate. Do *not* co-mingle estate funds with your personal accounts!

Take copious notes. Check the laws in your state since recording calls vary from state to state but there's a lot of times that could be valuable for note purposes if nothing else. It saved me about $3,000.00 to have recordings of the phone calls during my dad's estate disputes. And I also won 3 times in court representing myself against a hotshot attorney.

You should set up a checking account for and in the name of the estate and all monies should be run through that account for accounting purposes. A ledger doesn't need to be complex. The checkbook ledger will probably work just fine as long as you are careful to note what it's about. It'll make it much easier (and accordingly, cheaper) to do the estate and decedent's taxes too. Keep invoices together, make notes on them or attached to them detailing what they're for if it isn't already on there.

Congratulations, cynic, on winning 3 times against a hotshot attorney. I have an attorney in Virginia and have also set up the estate account with a bank here in Georgia. The court in Va. wants the original checks returned but I understand that the banks here don't even get the originals back. They go somewhere else and are destroyed. My attorney said Va. courts don't like it but for me to just keep the copies- I guess Va. laws will need to be changed to reflect the new way of banking. I used to be able to send faxes from my computer but I was getting so many advertisements using MY paper and MY ink that I took the fax off. That was about 10 years ago so things may be set up differently now.

First thing you need to do is sit down and take a deep breath.

You CAN do this. It's not all that difficult.

about 3 years ago, I was executrix for my mom's estate--thanks to her simple estate, and the fact that all we heirs were direct decendants, it was easy.

Now, I'm in the process of settling my aunt's estate.

It is far more complicated to handle the estate of an aunt--because of the situation, there are estate taxes to be paid, where there aren't on a parent's estate.

A few things you need to do, roughly in the order they need to be done.

First--notify everyone who has an interest in your aunt's death--pensions, banks, social security, have her mail forwarded to your address (you'll need to take your documentation to the post office in her home town, probably). File her will at the surrogate's office, of course.

you need to establish the value of her estate on the DAY OF HER DEATH. Her bank(s) can give you a printout of that info. You may have to consult a real estate agent if she owns a home. If she has savings bonds, you can get that info from the US website. You need to include the value of her personal possessions.

You need to open an estate account (you cannot access all her funds, because she was an aunt, but the bank should allow you to put about half her assets into an estate account, once you have your short certificate.

Speak to your accountant (and attorney, if you have legal questions about handling the estate) to make sure you know exactly what has to be done as far as the taxes--you will probably have to file her regular income tax for the last year she lived, then eventually, you'll file the estate taxes (expect to pay 15% of the estate in taxes).

Next--handle her financial obligations. Bills (household, medical, etc), funeral expenses (including headstone). You need to take your executor(trix) fee. Those expenses all reduce the taxable estate, so be sure to pay them BEFORE you start to figure the estate's taxes.

I imagine, being so far away, you're going to have some additional challenges in handling everything--my aunt lived locally, so I can't really help you with those kinds of things.

Just take your time, don't rush through anything. Check everything you do twice (at least) and be patient. You really don't want to hurry through the process, because there's always the chance some stray bills or assets might crop up at some time. Oh, and don't forget to check the state's unclaimed property list, just in case she has anything on it. I found something in my mom's name when I was handling her estate--just a few hundred $$$, but still, it was easy to claim, and worth the little work it took.

I'm sorry for your loss. Have been there recently myself, and know how difficult it is to think clearly about all the things you need to handle at a time like this. As I said, a deep breath, a little patience and a dose of time are going to be a big help to you.

wE JUST WENT TO ATTORNEY ALL WE HAD TO DO WAS HAND IN BILLS ETC,TALK ABOUT ALL HER ASSETTS,ETC HE DID most of the work,they place add in paper saying basically write here if you owe her or she owes you,Theres a time limit.You do get a check for being an executor of the will.ours was like 900.00.Id love to do that for a living go in clean up sort through all of somones belongings ,I just think it would be fun.Sorry about capitals ..

Thanks. Yes it was fun beating this guy. For the copies of the checks, you might want to get the duplicate checks from the start, the ones that make an NCR copy. Does your bank have online access to copies of the cancelled check? Might be in your favor to download those occasionally.

There's been some good suggestions but remember that each state is different so if they don't live in your state, it might not all apply. That's why you need counsel familiar with your state's laws and procedures. Here, unless otherwise restricted for some reason a PR basically has total control and access to everything.

Don't forget the little things. Copies, including ink/toner for your printer, postage, envelopes, long distance calls, including for faxing, etc. You could sometimes flat-rate copies and keep a log.

And remember it'll probably take at least a year and a half to two years minimum, and it can easily be longer to get things completed, run through court, finalized and then you released as the executor. You have to file income taxes naturally so timing can be strange.

But take a deep breath and consider it a learning experience. It can be interesting.