The death of a loved one is a difficult time. The administration of the Estate of the person can make the death that much more difficult. There are steps that need to be taken within a timely manner following a death. These steps may vary depending upon what the person owned, whether or not the person had an estate plan, and what kind of estate plan he or she may have had.
The first step to take after a loved one passes away is to determine whether or not an estate plan exists. If so, the document type will assist in determination of next steps and may provide direction as to what must occur next. For example, if the decedent left only a will, a probate must be opened, and a personal representative of the Estate must be appointed by the probate court. This person is most commonly the person that the decedent named as the executor of the will.
If the person had a trust, the trust itself will dictate who should step in as trustee and manage the affairs of the estate and this may occur without court intervention. If the person owned real estate, documents need to be recorded and filed with the County to inform of the death, update title and make claims with respect to exclusions from property tax reassessment. The accounts of the decedent must also be retitled in the name of the Executor or the Trustee and an inventory of assets must be completed prior to any distributions of property to beneficiaries. There are different laws that must be followed depending upon the type of estate plan that the decedent had and the types of properties that he or she owned.
By contacting one of the knowledgeable estate planning and administration attorneys at Chauvel & Glatt, LLP, who serve the surrounding Bay Area Counties, such as San Mateo & San Francisco County, you can ensure that you take the correct actions to safeguard your loved one’s estate and avoid further complication in the future.
The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500. (Photo Credit: Depositphotos.com )
