When someone dies, their estate needs management. If there’s a will, the named executor handles any estate-related matters for the deceased. When there is no will, the court appoints an administrator following a priority order. Spouses are first in this order. The next in line are children, followed by grandchildren, followed by other next of kin.
If you find yourself in any of these roles, here’s what you need to know: Estate administration begins before probate officially starts.
Pre-probate steps
Before diving into the formal probate process, there are several tasks you should complete. These initial steps help lay the groundwork for a smooth estate administration. The key pre-probate steps include:
- Locate and secure essential documents (will, financial statements, property deeds)
- Obtain multiple copies of the death certificate
- Identify and secure valuable assets
- Notify financial institutions of the death
- Contact relevant government agencies, including Social Security
- Compile a list of debts and ongoing bills
- Inform beneficiaries and potential heirs
These steps are very important for protecting the estate and all involved parties. Overlooking them can lead to serious legal issues.
Why these steps matter
Consider what could happen if you overlook notifying the Social Security Administration about the death. Benefit payments might continue, which could lead to overpayment. When Social Security overpays, it eventually detects the error and sends a notice that the overpaid funds must be returned.
These overpayment notices can amount to tens of thousands of dollars and may come years after the fact. The estate would then be responsible for repaying these funds, potentially reducing the assets available for beneficiaries and complicating the entire administration process.
Estate administration can be complex, especially while dealing with grief. If you’re unsure about any of these steps, consider consulting an estate administration or probate attorney. They can provide guidance even before the formal probate process begins.