When a loved one passes away, the emotional toll of the loss can be compounded by the sudden responsibility of managing the deceased person’s estate—especially if you’ve been named as the executor under a Last Will and Testament. Many clients come to us unsure of where to even begin. In the following vlog, Shawna A. Brown, Counsel in our Elder Law Practice Group, shares practical guidance to help you navigate those crucial early steps.
If you have been named the executor in a will, you are legally empowered to carry out the decedent’s final wishes. That includes submitting the will and a probate application in the Surrogate’s Court, marshaling assets, settling debt and ultimately distributing the estate to the beneficiaries. It’s a role that requires care, organization and legal compliance.
First Steps
Even before you’re formally appointed as executor, there are important actions you should take. First, make it a priority to secure the original will, as you will need to file it with the court to achieve probate. If you’re unable to locate it among the decedent’s personal documents, try to identify the attorney who prepared the will, who may have stored the original will in the office.
In addition, be prepared to receive calls from creditors, such as credit card companies or medical providers, who may begin inquiring about outstanding debts or unpaid bills of the decedent. You are not obligated to make any payments at this stage. Simply inform them that the individual has passed away and that no executor has been officially appointed yet. Take down their contact information so that you can follow up once you are formally authorized to act on behalf of the estate.
As you begin taking care of your loved one’s affairs, you may find yourself covering certain expenses on behalf of the estate before you are formally appointed as executor. These can include funeral and burial costs, carrying costs for real property or fees for securing a residence. Be sure to keep thorough records of every payment you make, including receipts, invoices, credit card statements and any correspondence or documentation related to the expense. Creating a detailed log of these costs will help ensure that you can be properly reimbursed from the estate once the administration officially begins.
Safeguard and Track Personal Property
One of the most frequent sources of conflict among family members following a death involves the division of tangible personal belongings. Items such as photo albums, furniture, and jewelry—regardless of their monetary value—can carry significant sentimental weight and often become the focus of disputes. It is advisable to refrain from immediately clearing out the decedent’s residence or disposing of any items. If the will includes instructions regarding the distribution of tangible personal property, it is essential to honor those directives and engage the beneficiaries in the decision-making process if necessary to minimize potential disagreements.
Be Aware of Probate Deadlines and Will Challenges
In New Jersey, a will can’t be admitted to probate until 10 days after death. However, once the will is probated, it starts a formal timeline during which challenges to the will must be filed. Acting quickly to initiate probate won’t stop a contest, but it starts the clock on the time within which a contest must be filed.
