When a loved one passes away, managing their estate can become a complex and emotionally challenging task. Many people wonder if they can obtain control over the deceased person’s estate, also known as “power of estate,” after death. This blog will provide insight into how to assume this responsibility and what steps are involved. As always, contact our firm to discuss your specific case.
What is the Power of Estate and How Does It Work?
The term “power of estate” typically refers to the authority to manage and distribute the assets of a deceased person. This responsibility is usually carried out by an executor, who is either named in the deceased’s will or appointed by the court if there is no will.
Is Power of Attorney Valid After Death?
One common misconception is that a power of attorney (POA) remains valid after the principal’s death. However, this is not the case. A power of attorney ends at death. At this point, the authority to manage the deceased’s affairs transitions to the executor of the estate.
How to Get Power of Estate After Death
If you are looking to gain control over a deceased person’s estate, here are the steps you need to follow:
- Appointing an Executor
If the deceased person left a will, it likely names an executor responsible for managing the estate. If you are named as the executor, you will need to file the will with the local probate court and seek a formal appointment.
- When There’s No Will: Intestate Succession
If the deceased did not leave a will, they are considered to have died intestate. In such cases, the court will appoint an administrator (similar to an executor) to manage the estate according to state laws of intestate succession. You can petition the court to be appointed as the administrator.
- Filing a Petition for Probate
To start the process, you will need to file a petition for probate with the appropriate court. This petition generally includes:
- Proof of death (death certificate)
- The original will, if available
- An inventory of the deceased’s assets
Once the court approves your petition, you will receive legal documentation granting you the authority to act as the executor or administrator.
- Notifying Interested Parties
After being appointed, you must notify all interested parties, including beneficiaries and creditors, of the probate proceeding. This ensures transparency and allows anyone with a claim against the estate to come forward.
- Managing and Distributing the Estate
As the executor or administrator, your duties will include:
- Collecting and safeguarding assets
- Paying off debts and taxes
- Distributing the remaining assets to the rightful heirs
Throughout this process, it’s crucial to keep detailed records and maintain communication with all parties involved.
What to Ask a Lawyer After a Parent Dies
It’s often beneficial to consult an attorney when dealing with the complexities of estate management. Here are some questions to consider asking:
- How do I file a petition for probate?
- What are my responsibilities as an executor or administrator?
- How do I handle disputes among heirs or creditors?
- What is the timeline for closing the estate?
Conclusion: Seeking Legal Guidance
Managing an estate after a loved one’s death can be daunting, but you don’t have to go through it alone. At McBrien Armistead Law Group, our experienced attorneys are here to guide you through every step of the process so that you fulfill your duties effectively and efficiently.
For more information or to schedule a consultation, contact us directly. Let us help you navigate the complexities of estate management with confidence and peace of mind.
