The personal representative or executor of the estate will be responsible for taking over payment of administrative expenses and settling the decedent's final bills after probate is open.
Full Answer
I am sorry for your loss. It would almost never be proper for an executrix to close an estate after six months. So you may be responsible. The answer will depend on details we do not have.
However, if you didn't do everything correctly, yes, as Executor you could be held personally liable for this bill. One important question, among many others, is what the bill was for.
Informal probate cases can proceed with the proposed distribution, but formal supervised probate proceedings will require court review and approval. When the estate’s assets have been successfully transferred to the beneficiaries, the personal representative can petition to close probate.
As executor, the deceased’s mail has probably already started coming to you, and that mail likely includes bills: medical bills from the last illness, utilities, credit card bills, and so forth. As a diligent executor, you may think you have to pay these bills immediately to keep the finances of the estate in good standing.
No, when someone dies owing a debt, the debt does not go away. Generally, the deceased person's estate is responsible for paying any unpaid debts. When a person dies, their assets pass to their estate. If there is no money or property left, then the debt generally will not be paid.
In any event, where it is accepted that payment is due, the executor can seek to pay you (the creditor) from the deceased's estate. There is normally a six-month period from the deceased's death for creditors to advise the executor of any sums due to them from the estate.
six monthsThere is a strict time limit within which an eligible individual can make a claim on the estate. This is six months from the date that the grant of probate was issued. For this reason, executors are advised to wait until this period has lapsed before distributing any of the estate to the beneficiaries.
Starting from the date of death, the executors have 12 months before they have to start distributing the estate. This allows time to gather information on the estate and check for potential claims. The executors have no obligation to distribute the estate before the end of the year.
During this time, beneficiaries and creditors have a right to file a claim against the estate or the executor. Each state has its own timeline for how long someone has to file an objection to the actions of the executor.
1-800-959-1247. If you have concerns about how an estate was handled or if new assets are discovered after probate is closed, you may wonder what can be done. If you’re the executor of an estate, you may also want to know what can happen after your duties have been completed. It’s important to understand why some estates never close, ...
Another issue is a problem with the tax returns, which can lengthen the timeline by a year or even longer. If the estate has assets that are difficult to value or sell, the process can move slowly.
If you have issues with an estate that has been closed or you have found new assets, you can hire a probate attorney who can assist you on the next steps to take based on the laws of your state. This can be a complicated process, and an attorney can provide guidance to ensure everything is resolved. Sources:
You may need to contact the court where probate was handled, which is usually in the county where the deceased person lived . If the estate was not closed, you can proceed as normal. However, if the estate was closed, your next steps may be a bit more complicated.
Contested wills or beneficiaries who don’t work together can cause major delays. The executor may need court approval for every step if the beneficiaries don’t agree. If the beneficiaries don’t agree to the stipulations of the will or produce what might be another will, the court process can last for months.
If the account is closed, you can find out if the bank will reopen it without an order from the court. What happens after the closing of probate will depend primarily on state law. Some states follow the Uniform Probate Code, which allows a person to file a petition with the probate court to have the estate reopened.
After probate is closed, interested parties have up to six months to file an objection to the personal representative’s actions. If the estate isn’t properly closed, the statute of limitations is extended up to three years from the decedent’s date of passing. That said, it’s extremely difficult to reclaim assets that have been lawfully distributed ...
The testator was incapacitated and not of sound mind. The testator (the person writing the will) is a minor. If you’re reluctant to hire an attorney because they’re too expensive, think again.
If the decedent doesn’t have a will, their estate is considered “ intestate ,” and their assets will be distributed to their legal heirs based on the state’s intestate succession laws. Either way, probate is necessary to make sure the decedent’s assets don’t remain frozen in their name or seized by creditors.
When someone dies, an individual acting on their behalf (known as a personal representative) will need to ensure the decedent’s outstanding liabilities are settled and their remaining assets are properly distributed. If the decedent has a will, their assets will flow to their beneficiaries based on the instructions in their will. ...
Before the personal representative can start paying bills and distributing assets, they’ll need to take an inventory of the estate’s assets and determine the fair market value. Liquid assets like bank accounts and brokerage accounts are easy to value with the most recent account statements, but illiquid assets like real estate, vehicles, and personal possessions will probably need to be professionally appraised. If the will specifically bequeaths certain assets, the personal representative will usually set these aside and try to use other liquid assets to settle the liabilities.
Probate is the legal process of settling a deceased individual’s estate. In the state of Arizona, the probate process is based on the Uniform Probate Code (adopted by 18 states) and regulated by Arizona Revised Statutes Title 14.
Once the interested parties have received notice of the probate proceedings, they’ll have four months to file a will contest with the court if necessary.
Explain that as executor, you have a legal responsibility not to let even the smallest item out of the house until you've inventoried everything and gotten the probate court's blessing. It may calm them down to hear that you're not giving anything to anyone else, either, until the proper procedures have been followed.
As executor, it's your job to keep estate assets safe until you turn them over to the people who inherit them. Here are tips on how to meet this responsibility for some common kinds of estate property.
Needless to say, your fiduciary responsibility—your position of trust, in charge of someone else's money—ob ligates you to act with absolute integrity when dealing with estate assets. You should never use the assets in a way that benefits you personally.
If you let the insurance lapse, and then there is fire or other damage, theft, or a personal injury claim (someone trips on the front stair, for example), you could end up personally liable for the loss. It's your job to see that the property receives basic regular maintenance.
Even if a car isn't driven, it still needs to be looked at regularly. You may not have to keep a car around until the probate process is over. Depending on how the car was owned and who inherits it, you may be able to take advantage of several shortcuts for transferring cars to their new owners.