Prairie View, TX Estate Planning Law Firms & Lawyers

Probate is done in the state where the decedent is domiciled. Since he was temporarily staying in another state, that is not considered to be his domicile. Only assets in your father's name only will go through probate. For most married couples, they own everything in joint names, so upon the first to die, there is no probate estate. Therefore, the first question to ask is what assets did your have in his name only that had no beneficiary designation upon his death. This includes payable on death bank accounts and certificates of deposit, transfer on death for personal property that is titled such as boats and automobiles, and beneficiary deeds for real estate. If there are no assets, there is no probate. The next question is what is the value of the assets that go through probate. Most states have procedures for small estates. In Missouri, the small estate procedure is for net assets totaling less than $40,000. If the net assets total more than $40,000, then you need to do a full probate estate. In Missouri, you need to hire an attorney for probate. For estates greater than $40,000, the person probating the estate is called the personal representative. This person can also be called the executor or executrix. This person is named in the will. If there is no will, then this person applies for letters of administration and requests to be appointed personal representative. The court does not automatically do this. The attorney will prepare the necessary papers for you to sign and get appointed.

You're entitled to 3% of the gross value of the estate as compensation. The duties are as follows: What is Required of a Personal Representative? Being the personal representative, also known in some states as the executor, of an estate is not a task to take lightly. A personal representative is the person responsible for managing the administration of a deceased individual's estate. Although the time and effort involved will vary with the size of the estate, even if you are the personal representative of a small estate you will have important duties that must be performed correctly or you may be liable to the estate or the beneficiaries. The personal representative is either named in the will or if there is no will, appointed by the court. You do not have to accept the position of personal representative even if you are named in the will. The average estate administration takes one year, though you won't need to work full time on it. Following are some of the duties you may have to perform as personal representative: Locate documents. If there is a will, but you don't already know where the will is or the will hasn't already been brought to court, you may need to find it among the deceased's belongings. If all you have is a copy of the will, you may need to get the original from the lawyer who drafted it. You will also need to get a copy of the death certificate. Hire an attorney. You are not required to hire an attorney, but mistakes can cost you money. You may be personally liable if something goes wrong with the estate or the payment of taxes. An attorney can help you make sure all the proper steps are taken and deadlines met. Apply for probate. If there is a will, the court will grant you letters testamentary. If there is no will, you will receive letters of administration. This will officially begin your work as the executor. Notify interested parties. Notify the beneficiaries of the will, if there is a will, as well as any potential heirs (such as children, siblings, or parents who may or may not be named in a will). In addition, you will have to place an advertisement for potential creditors in a newspaper near where the deceased lived. Manage the deceased's property. You will need to prepare a list of the deceased's assets and liabilities, and you may need to collect any property in the hands of other people. One of the executor's jobs is to protect the property from loss, so you will need to assure the property is kept safe. You will also need to hire an appraiser to find out how much any property is worth. In addition, if the estate includes a business, you may have to make sure the business continues to run. Pay valid claims by creditors. Once the creditors are determined, you will need to pay the deceased's debts from the estate's funds. The executor is not personally liable for deceased's debts. The estate usually pays any reasonable funeral expenses first. Other debts include probate and administration fees and taxes as well as any valid claims filed by creditors. File tax returns. You need to make sure the tax forms are filed within the time frame set under the law. Taxes will include estate taxes and income taxes. Distribute the assets to the beneficiaries. Once the creditors' claims are clear, the executor is responsible for making sure the beneficiaries get what they are entitled to under the will or under the law, if there is no will. You may be required to sell property in order to fulfill legacies in a will. In addition, you may have to set up any trusts required by the will. Keep accurate records. It is very important to keep accurate records of everything you do. You will need to create a final accounting, which the beneficiaries must review before the distribution of the estate can be finalized. The accounting should include any distributions and expenses as well a

The probate court has information available about your duties. You should contact one of the representatives at the court that appointed you and ask them for an instruction sheet. If they don't have one available they should be able to direct you how to get the information you need.