Typically, the decedent’s estate. However, frequently family members make last minute arrangements and sign papers at the funeral home agreeing to be responsible. If you signed such papers, you are personally liable. However, if there is enough money in the estate, you can be reimbursed.

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No. All estate debts should be considered after the creditors file their claims. If there isn’t enough money in the estate to pay claims in full they will need to be pro-rated. Although you may legally continue to operate an account as a joint owner, those funds typically are not probate assets. So, you may not need to use those funds to pay estate debts. If relatives believe the decedent intended that they share in those funds, they may be able to successfully pursue a constructive trust argument. The prudent approach is to consult with an experienced attorney before doing anything.

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No. When the principal dies, the agency ends immediately and so the power-of-attorney no longer exists.

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Whether the decedent made a Will or not is irrelevant to whether an estate needs to be opened. Depending on the size of the estate or the purpose for which the estate is being opened, one may open a Small Estate, a <> Estate, a Regular Estate, or an Estate for Administrative Purposes.

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When someone appoints you as their power-of-attorney, also known as an “attorney-in-fact,” you are the person’s (the principal’s) agent with authority to act on that person’s behalf. When the principal dies, the agency ends immediately and so the power-of-attorney no longer exists. The person appointed to probate or administer the deceased person’s estate is known as the “Personal Representative.” Years ago, the title was “Executor.” Executor and Personal Representative mean the same thing and both terms are commonly used.

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There is no legal requirement that an attorney be used to probate an estate. If the estate is simple and one is detail-oriented and willing to do some research and make an effort to understand what is required, the average person should be able to get through the process without a major problem. However, there are different types of estates and many different issues that may arise, and it may prove very costly to assume one knows what to do when one does not really know what one does not know! As a general rule, it makes sense not to try to save some money by cutting the lawyer out of the loop. Probate law is a specialty area of practice for a reason, and it is difficult to place a value on Peace of Mind and avoiding disputes over inheritance rights, allegations of wrong-doing, tax issues, the correct processing of claims, valuation, liquidation, and distribution issues, just to mention a few. Bear in mind that it is far more costly to try to fix a problem than to avoid it in the first place by doing things the right way. Moreover, there is less likelihood of having to deal with family in-fighting and blame if an attorney handles the estate.

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Even if named Personal Representative in the Will, one does not become the Personal Representative until the Court issues Letters of Administration which officially appoints the person Personal Representative. If there is no Will, the estate will be administered as “intestate” and the statutory order of priority of appointment will apply unless the interested persons agree and consent as to who shall serve as Personal Representative. In the event of a dispute, a judicial probate hearing will be set and the court will decide who should be the Personal Representative. The judge may appoint one of the contestants or a third party.

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The first step, after someone dies, is to determine whether there is a Will. If the Will cannot be found at home or in the decedent’s safe deposit box, check with the Register of Wills for that County since many people register their Wills. If you don’t know whether the person has a safe deposit box or which bank the person used, you may have to open the estate as “intestate” i.e. as having died without a Will, and once the Personal Representative is appointed then contact banks and ask if the decedent had an account and or safe deposit box there.

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An Ancillary Estate is a kind of piggy-back probate procedure that has to be performed in another State, for example, if the decedent owns real estate located in another state, an Ancillary Estate will need to be opened in that other state.

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An estate is probated in the County in which the decedent resided as at date of death. However, there are nuances. For instance, if the person had more than one home, the place of domicile will govern. If the decedent owns real estate located in another state, an Ancillary Estate will need to be opened in that other state.

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