Intestate Estate Administration

Memphis Estate Administration Attorney

Being named as the executor or administrator of a family member’s or loved one’s estate is a weighty responsibility. While some may volunteer to help a family member out or feel compelled to assist their loved one after his or her death, many who do so feel overwhelmed and unprepared for the time-consuming and challenging task that lay ahead.

If you are facing a similar situation and do not know where to turn next, Douglass & Runger, PLLC, Attorneys at Law, is a Tennessee-based law firm that can assist you in fulfilling your duties and responsibilities. Contact us today at (901) 388-5805 to learn more about your legal options. Let us take the pain out of the process so that you can focus on healing and moving forward after your loss.

Duties And Obligations During Estate Administration

Most do not comprehend the vast amount of duties and responsibilities that an executor or administrator has placed upon him/her at the time of a loved one’s passing. These responsibilities can linger for months – if not years – until the time when the deceased’s estate is properly wound up and/or the court releases the administrator or executor from further responsibilities. These responsibilities and duties must be carried out diligently and competently; if not, heirs and beneficiaries can bring a lawsuit against the executor or administrator for damages.

Some of the common duties and responsibilities that executors and administrators have include:

Present the deceased’s will to the court for probate

The executor or administrator has the obligation to present the deceased’s will to the court for the court’s acceptance. The court must accept the will into probate before the court will grant the executor or administrator any power to act in winding up the deceased’s affairs. If the deceased died without a will, the would-be executor or administrator must present him- or herself to the court along with proof of the deceased’s death and reason why he or she should be named as administrator over the deceased’s estate.

Taking inventory of the deceased’s estate

This requires the executor or administrator to locate all probate assets that the deceased owned in part or in whole at the time of his or her death.

Notifying heirs and potential beneficiaries:

The executor or administrator must notify those people that, under the law and/or under the terms of the will, stand to inherit some part of the deceased’s estate. The executor or administrator must make reasonable efforts to locate and contact these individuals before otherwise disposing of the assets that would have been given to them.

Notify creditors:

The executor or administrator must also take reasonable steps to provide notice to the deceased’s creditors that the deceased has died and how they may file claims against the deceased’s estate.

Provide an accounting to the court:

Before the estate can be closed and the executor or administrator released of his or her legal obligations, he or she must provide an accounting to the court that shows what assets were identified, what liabilities existed, and how the affairs of the deceased were handled. This accounting will usually be made available to the beneficiaries and heirs as well who may have an ability to challenge the manner in which the estate was handled.

The size and complexity of the estate can dictate how long the estate administration process will last. For small estates with few assets, estate administration can last for several months. For large estates with many beneficiaries and heirs or many creditors, the estate administration process can last for years.

Contact A Dedicated Memphis Estate Administration Attorney For Help

If you find yourself called upon to administer the estate of another, it helps to have experienced and knowledgeable legal counsel to guide you. At Douglass & Runger, PLLC, Attorneys at Law, our legal team is available to help you make sense of your duties and obligations and direct you throughout the estate administration process. Contact us for assistance by calling (901) 388-5805.

Let Us Help

For more information about our firm and our approach to the practice of elder law, contact our office. Call (901) 388-5805 to schedule a confidential consultation and case review today. Douglass & Runger, Attorneys at Law, serve clients throughout Memphis, Shelby County, and the surrounding areas.

Request Probate Law Case Consultation

Practice Areas

Family Law Probate Law Divorce Business Law Adoption