Named Executor? Here's What the First 30 Days Look Like

Being named executor in someone's will is an honor, and it usually arrives at the worst possible time. The good news is that very little has to happen in the first month. Most of the real work of settling an estate comes later. The first 30 days are about protecting what is there and getting the legal authority to act.

Week One: Find and Protect

• Find the original will. A copy is usually not enough. Do not remove staples, write on it, or take it apart, even to make copies.
• Order certified death certificates. Banks, insurers, and government offices will each want one. The funeral director can usually order several at once.
• Secure the property. Lock up the home, keep vehicles and valuables safe, keep insurance in force, and have the mail forwarded to you.

Getting Your Authority

Being named in the will does not, on its own, let you act for the estate. In Pennsylvania, the executor brings the original will and a death certificate to the Register of Wills in the county where the person lived. Once the will is admitted to probate, the Register issues letters testamentary, the document banks and other institutions will ask to see before they deal with you. Our guide to what the Register of Wills does covers what to bring.

Notices and the Estate Account

• Written notice to beneficiaries. Pennsylvania's court rules require the executor to notify beneficiaries and certain family members within three months of receiving letters, and to file a certification with the Register that it was done.
• Advertising the estate. The grant of letters must be advertised in local publications so creditors know the estate is open.
• A separate estate account. Get a tax identification number for the estate from the IRS and open an estate bank account. Estate money should never mix with your own.

One Deadline Worth Marking Early

Pennsylvania inheritance tax is due nine months after the date of death, and paying within three months earns a 5% discount on the amount paid. That makes it the one clock worth knowing about in the first month, even though the return itself comes later.

Every estate is different, and the right order of steps depends on what the person owned and who inherits. A short conversation early on can save a great deal of backtracking later.

This article is general information about Pennsylvania law, not legal advice for your situation. Every estate and family is different. Reading it does not create an attorney-client relationship with D'Amico Law, PC.