The New York Probate Process
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Personal Representative Handbook
2410 W. Ray Rd., Suite 1 • Chandler, Arizona 85224 • 480-345-8845 • www.halaw.com Personal Representative Handbook The purpose of this handbook is to assist you in carrying out your case, whoever the decedent nominated to act as personal rep- duties as the Personal Representative (or Executor) of an estate of resentative in the Will has the right to serve. an Arizona decedent. This handbook is updated from time to time; Bear in mind, though, that just because you may have please contact us if you are not sure you have the latest version. been nominated to serve as personal representative in some- Also, please remember that this handbook is a guide; it is not in- one’s Will does not mean you have a duty to accept that nom- tended to answer every question that could come up in the admin- ination. You can always decline, in which case any alternate istration of a trust, and it is not intended to give you legal advice. candidate nominated in the Decedent’s Will would then have the opportunity to serve as personal representative. INTRODUCTION Conversely, if the Decedent died without a valid Will, the Decedent is said to have died intestate. In that case, state law What Is a Personal Representative? In Arizona, a personal (in Arizona, A.R.S. § 14-3203) controls who has the right to representative (known in many states as an executor) is the per- serve as personal representative. Roughly summarized, the son or entity appointed by the Court to administer the estate people having the right to serve as personal representative and assets of someone who has died (a decedent). -
Fiduciary Appointments and Duties in Probate Proceedings (OH) a Practical Guidance® Practice Note by Geoffrey S
Practical Guidance® Fiduciary Appointments and Duties in Probate Proceedings (OH) A Practical Guidance® Practice Note by Geoffrey S. Kunkler, Carlile Patchen & Murphy LLP probate courts. The estate’s personal representative, referred to as an executor or administrator in Ohio, must then administer the estate of the decedent. Geoffrey S. Kunkler A testator may also, in his or her will, confer upon one or Carlile Patchen & Murphy LLP more persons the power to nominate an executor of the testator’s estate. Ohio Rev. Code Ann. § 2107.65. This practice note addresses fiduciary appointees in Ohio probate proceedings. It discusses the role and duties of For a discussion of the administration process, see Estate the executor or administrator, as well as appointment, Administration below. For a discussion of specific probate resignation, and removal. The note provides an overview petitions and pleadings, see Governing Law of Probate, of fiduciary obligations in estate administration, such as Jurisdiction, and Proceedings (OH) — The Application and marshaling assets, preparing and filing the inventory, dealing Required Documents. with creditors and debtors, and distributing and closing the estate. Role of Fiduciary A fiduciary under Title 21 of the Ohio Revised Code is an For an in-depth discussion of probate law, see Governing individual appointed by and accountable to the probate Law of Probate, Jurisdiction, and Proceedings (OH). For court and acting in a fiduciary capacity for any person, or more information on wills, see Purposes and Uses of a Will charged with duties in relation to any property, interest, (OH); Requisites, Instrumentation, and Will Provisions (OH); trust, or estate for the benefit of another. -
A Simple, Effective Will
Pace Law School Continuing Legal Education Bridge the Gap: December 6-7, 2014 A SIMPLE, EFFECTIVE WILL Daniel Timins. Esq. [email protected] 450 7th Avenue, Suite 1500 New York, New York 10123 (212) 683-3560 Telephone Number www.timinslaw.com Daniel A. Timins, Esq. Law Offices of Daniel Timins FOREWORD It is sometimes mind-numbing to see the absurd depth that attorneys will sink to when drafting legal documents: Details, definition sections, contingency upon contingency upon contingency. Yet, in the end, the artful litigator will still find a sufficient number of loopholes and arguments in any document, no matter how solid the drafter intended it to be. The statement “simple is better” when it comes to legal documents may be true, and perhaps equally so when it comes to the central estate planning document: A Last Will and Testament. There are many two page “Sweetheart Wills” drafted by laymen which are admitted to Probate with little problem. On the reverse side, there are a near-unlimited number of Court proceedings based on multiple page Wills drafted by the most skilled attorneys that languish in the Surrogate’s Court for years. And, of course, the inverse is equally true for both parties. The “Plain English” trend in legal writing should be observed with modern Wills even more so than other legal documents: The Will should be drafted in a way that allows the client to understand what legal concepts are being conveyed. To do otherwise may have the negative effects of not fulfilling the Testator’s desires, and may open the Will up to the protracted legal intervention that the drafter was hoping so hard to avoid. -
The Personal Representative's Power to Sell Realty in Virginia
William & Mary Law Review Volume 15 (1973-1974) Issue 4 Article 8 May 1974 The Personal Representative's Power to Sell Realty in Virginia Follow this and additional works at: https://scholarship.law.wm.edu/wmlr Part of the Estates and Trusts Commons Repository Citation The Personal Representative's Power to Sell Realty in Virginia, 15 Wm. & Mary L. Rev. 949 (1974), https://scholarship.law.wm.edu/wmlr/vol15/iss4/8 Copyright c 1974 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/wmlr COMMENT THE PERSONAL REPRESENTATIVE'S POWER TO SELL REALTY IN VIRGINIA At common law, tide to personal property passed to an executor or administrator upon the death of the owner, while tide to realty vested immediately in the decedent's heirs or devisees.' During the period of administration, the personal representative's control over personalty was, and under present law remains, analogous to that of a trustee, there being few restrictions upon the power to dispose of the property for the benefit of the estate. With respect to realty, however, a personal representative at common law had neither tide nor power to sell. Two general exceptions to the common law rules have evolved to expand the personal representative's power ovex realty. First, realty may be subjected by statute to the payment of debts of the estate when the personalty is insufficient for that purpose. Second, and more sig- nificantly, an executor may sell realty when vested with such power by the will.3 This Comment will examine the development and present status in Virginia of these exceptions to the general rule against sale 'of realty by a personal representative and will suggest statutory reforms designed to bring Virginia law more in line with that in other jurisdic- tions in reflecting modem conditions. -
Last-Will-And-Testament-Template.Pdf
Last Will and Testament of ___________________________________ I, ________________________, resident in the City of ____________________, County of ____________________, State of ____________________, being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament, and hereby revoke any and all other wills and codicils heretofore made by me. I. EXPENSES & TAXES I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as soon after my death as may be reasonably convenient, and I hereby authorize my Personal Representative, hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against my estate. I further direct that my Personal Representative shall pay out of my estate any and all estate and inheritance taxes payable by reason of my death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. Said taxes shall be paid by my Personal Representative as if such taxes were my debts without recovery of any part of such tax payments from anyone who receives any item included in such computation. II. PERSONAL REPRESENTATIVE I nominate and appoint ________________________, of ___________________________, County of ________________________, State of ______________________________ as Personal Representative of my estate and I request that (he/she) be appointed temporary Personal Representative if (he/she) applies. If my Personal Representative fails or ceases to so serve, then I nominate _____________________________of __________________________, County of ____________________________, State of ______________________ to serve. -
Of Personal Representatives of Decedents' Estates in Georgia
DUTIES AND RESPONSIBILmES OF PERSONAL REPRESENTATIVES OF DECEDENTS' ESTATES IN GEORGIA A Handbook to Guide Personal Representatives •The Road to Success" ~ and Pn!sfflta:J by; Georiia Council or Probate Court Judges .nlth.! Fiduciary l..lw Section of the State Bar of Geof'8ta C>OO; DUTIES AND RESPONSIBILITIES OF PERSONAL REPRESENTATIVES OF DECEDENTS' ESTATES IN GEORGIA A Handbook to Guide Personal Representatives "The Road to Success!" Prepared and Presented by Georgia Council of Probate Court Judges and the Fiduciary Law Section ofthe State Bar of Georgia ©2007 ACKNOWLEDGMENTS This handbook was prepared as a public service by the Georgia Council ofProbate Court Judges and the Fiduciary Law Section ofthe State Bar ofGeorgia. It is intended as a useful guide to those who are appointed as personal representatives ofthe estates of decedents in Georgia. It is not intended to be a comprehensive statement ofthe law. If you have any questions regarding the matters contained in this handbook, please consult your attorney or the probate court in which you were appointed. Please note that the probate judge and the court staff may not act as your legal advisors, and ifyour questions concern your legal responsibilities or your potential liabilities, please consult your attorney. The Georgia Council of Probate Court Judges and the Fiduciary Section ofthe State Bar ofGeorgia would like to acknowledge the contribution ofthe following to the preparation and production ofthis handbook. Mary B. Galardi, Esq., Mary B. Galardi, P.C., Norcross (Chair) Judge Lynwood D. Jordan, Probate Court ofForsyth County Judge William J. Self, II, Probate Court ofBibb County John M. -
Instructions for Form 706 (Rev. September 2020)
Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ons/i706/202109/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 54 9:38 - 7-Sep-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Instructions for Form 706 Internal Revenue Service (Rev. September 2021) For decedents dying after December 31, 2020 United States Estate (and Generation-Skipping Transfer) Tax Return Section references are to the Internal Revenue Contents Page Contents Page Code unless otherwise noted. Specific Instructions .............5 Schedule PC—Protective Revisions of Form 706 Part 1—Decedent and Claim for Refund ......... 49 Executor ...............5 Continuation Schedule ....... 51 For Decedents Dying Use Part 2—Tax Computation ......5 Index ..................... 52 Revision of Part 3—Elections by the Checklist ................... 53 Form 706 Executor .............. 10 After and Before Dated Part 4—General Information ... 15 Future Developments December 31, January 1, July 1999 Part 5—Recapitulation ....... 17 1998 2001 Part 6—Portability of For the latest information about December 31, January 1, November Deceased Spousal developments related to Form 706 and 2000 2002 2001 Unused Exclusion its instructions, such as legislation December 31, January 1, August (DSUE) ............... 17 enacted after they were published, go to 2001 2003 2002 Schedule A—Real Estate ..... 19 IRS.gov/Form706. December 31, January 1, August Schedule A-1—Section 2002 2004 2003 2032A Valuation ......... 20 December 31, January 1, August Schedule B—Stocks and 2003 2005 2004 Bonds ................ 22 What's New December 31, January 1, August Schedule C—Mortgages, 2004 2006 2005 Notes, and Cash ........ -
Personal Representative for a Deceased Victim Victim’S Death Certificate: an Original Or Certified Copy Is Required
Documents Required When Claimant is not the Victim Documents Required by the VCF when the Claimant is not the Victim Only those authorized by law or court order may pursue a claim on behalf of another individual. In order to process a claim filed by someone other than the victim, the Special Master must first validate the individual’s authority to represent the victim for the VCF claim. Different types of documentation are required depending on the representative’s relationship to the victim. This document provides information on the types of representatives who may file a claim, and the required documents that must be submitted for the VCF to validate the individual as an authorized representative. Personal Representative for a Deceased Victim Victim’s Death Certificate: An original or certified copy is required. If possible, please submit the “long form” version of the death certificate, which lists the cause of death. Letters of Administration, Letters Testamentary, or other Court Order showing the appointment as the Personal Representative, Executor of Will, or Administrator of the Estate. A copy is sufficient for the VCF to validate the Personal Representative. An original or certified copy is required before payment can be issued. o Your court order may include limitations. Some limitations do not interfere with the VCF’s ability to validate the Personal Representative, while other limitations may impact the VCF’s ability to process the claim. See the Instructions for Letters of Administration with Limitations on the VCF website for more detailed information. o If you submit Letters of Administration, Letters Testamentary, or other Court Order that includes limitations that interfere with the VCF’s ability to process or pay your claim, you will be advised in writing and given time to obtain the appropriate documentation. -
Filing for the Administration of a Decedent’S Estate (Adm) in the District of Columbia (Valued at More Than $40,000)
FILING FOR THE ADMINISTRATION OF A DECEDENT’S ESTATE (ADM) IN THE DISTRICT OF COLUMBIA (VALUED AT MORE THAN $40,000) Office of the Register of Wills, Probate Division 515 5th Street, NW, Third Floor Washington, DC 20001 All attached forms and documents are available through the division’s website: http://www.dccourts.gov/dccourts/superior/probate/index.jsp May 2015 TABLE OF CONTENTS General Information Forms Required to File an Estate a. Certificate of Filing Will b. Petition for Probate c. Abbreviated Probate Order d. Personal Identification Form (Form 26) e. Notice of Appointment, Notice to Creditors and Notice to Unknown Heirs f. Bond of Personal Representative Pursuant to D.C. Code, Section 20-502(a) g. Waiver of Personal Representative’s Bond h. Renunciation i. Consent to Appointment of Personal Representative Forms Required Shortly After Appointment a. General Information for Heirs, Legatees and Creditors b. Verification and Certificate of Notice General Information for Large Estates If a person died who lived in the District of Columbia, a large estate can be opened in the Probate Division of the Superior Court of the District of Columbia when the decedent owned real estate in the District of Columbia or other assets of any value or a lawsuit involving the decedent is open or needs to be opened. The assets must have been owned in just the decedent’s name; they must not have joint owners or designated beneficiaries. The forms that will be needed are located on the Probate Division website at http://www.dccourts.gov/internet/public/aud_probate/large.jsf. -
Duties of an Executor
DETERMINE AND PAY ALL TAXES DISTRIBUTE THE ESTATE 1. Determine who is entitled to share in the 1. Compute value of estate and probable estate. state and federal taxes. 2. Sell assets to raise cash for specific 2. Select valuation date for federal estate legacies. DUTIES OF AN tax. 3. Determine how assets will be distributed, which legatee and devisee is to get each EXECUTOR 3. Determine whether administrative item of property. expenses should be charged against income taxes or estate taxes. 4. Pay all final costs.(Including any child support obligation). 4. Prepare estate's income tax return also last income tax return of decedent. 5. Arrange for transfer and re-register of securities. 5. Determine charitable and other deductions. 6. Obtain release and refunding bonds from all beneficiaries and file with Surrogate's 6. Determine how funds will be raised to Court. pay taxes. 7. Prepare inheritance tax returns. ...... a message from Susan J. Hoffman, Surrogate of Hunterdon County 8. Prepare federal inheritance tax returns. The administration of an estate does not divide 9. Pay personal property or real estate taxes, if any. itself into orderly small compartments with each operation waiting upon the completion of another. There may be many duties which must be performed simultaneously. In order to convey this Hon. Susan J. Hoffman idea of what is involved, the preceding is a partial SURROGATE OF HUNTERDON COUNTY list of the many steps your executor may need to follow. This list of duties may help you as executor and may help you in choosing an executor. -
2014 Estate Planning Seminar
WHO IS THE FIDUCIARY?1 © 2014 Anthony L. Barney, Ltd. All Rights Reserved. A. PERSONAL REPRESENTATIVES, TRUSTEES, AND TRUST OFFICERS: POWERS AND DUTIES 1. Duties of a Personal Representative A personal representative is appointed by the court to care for the estate of the deceased. An individual can name a personal representative through a testamentary instrument; however, the personal representative has no powers prior to being appointed by the court.2 The statutory fiduciary duties of a personal representative include: (a) the duty to take possession of the estate and collect debts;3 (b) the duty to use reasonable diligence;4 (c) the duty to close the estate within eighteen (18) months;5 and (d) the duty to submit periodic accountings to the court.6 Additionally, a personal representative owes a general duty to the beneficiaries of the estate and the court may order the personal representative to perform other specific duties.7 The personal representative must be diligent in administering the estate. In some cases this may include pursuing an action against one or more of the beneficiaries. It is important that the personal representative understand what is expected in their role. The personal representative should also be aware of potential issues that will affect the distribution of the estate. For example, transfers are void if made as the product of duress or undue influence.8 There are a few situations where the transfer itself is sufficient to presume that it was the product of duress or undue influence. These situations include transfers to a caregiver or a person who paid for the transfer instrument.9 Absent a presumption, undue influence is shown when it appears that the influence destroyed the will of the testator.10 As part of the duty to use reasonable diligence the personal representative should be aware of the presumptions of undue influence and should, were applicable, be aware of the circumstances that give rise to such a claim. -
FIDUCIARY DUTIES of an EXECUTOR the Executor's Actions
The Fleisher Patterson Law Firm, llc Stewart W. Fleisher and Benjamin L. Patterson, Attorneys at Law PRACTICE UMITED TO ESTATE PLANNING, ADMINISTRATION, AND PROBATE MATTERS WELLS FARGO BANK BUILDING WEBSITE: FLEISHERPATTERSONLAW.COM PHONE (303) 488-9888 3333 S. BANNOCK ST., SUITE 900 "HELPING PEOPLE MAKE THINGS EASIER FAX (303) 488-9889 ENGLEWOOD, CO 80110 FOR THEIR FAMIUES FOR OVER 25 YEARS!" [email protected] FIDUCIARY DUTIES OF AN EXECUTOR The Trustee of a Trust and Personal Representative under a Will (collectively referred to below as "Executor" of the "Estate") owe a fiduciary duty imposed by law to the beneficiaries. Although the Executor is generally not liable for the decedent's debts or for the Executor's actions when acting in good faith, an Executor can incur personal liability for failure to comply with the Executor's fiduciary duties. Some of those duties are: 1. Administer the Trust and/or Will according to its Terms: The Executor has an affirmative duty to read and understand the terms of the Trust or Will. This is important because the Executor must know the terms and their effects to properly administer the Estate according to its terms. The Executor can incur personal liability for the failure to follow the terms of the relevant document. 2. Duty of Impartiality: The Executor may not favor themselves, if they are a beneficiary, over other beneficiaries, including remainder beneficiaries, nor may they favor one beneficiary over another beneficiary. 3. Avoid Conflicts of Interest: If a decision needs to be made that could benefit the Executor at the expense of another beneficiary, the Executor should seek advice from the attorney to avoid even an appearance of favoritism.