Estate Administration Lawyers Worldwide.

Estate Planning is the proactive process of creating legal instructions before you die to control your assets and healthcare, involving documents like Wills, Trusts, and Powers of Attorney. Estate Administration is the reactive process that happens after you die, where a court-appointed representative (Executor) follows those instructions to pay your debts and distribute your property. Ideally, good planning makes the administration phase faster and cheaper; without a plan, the state’s default laws (intestacy) take over the administration, often leading to results you wouldn’t have chosen.

No, probate is only required for assets owned solely in the deceased person’s name that do not have a designated beneficiary. Assets held in a Revocable Living Trust, jointly owned property (Joint Tenants with Right of Survivorship), and accounts with “Payable on Death” (POD) or beneficiary designations (like life insurance and 401ks) skip probate entirely and go directly to the heirs. Additionally, most states offer a “Small Estate Affidavit” process for estates under a certain value, allowing heirs to collect assets without a full court hearing.

An Executor is a “fiduciary,” meaning they have the highest level of legal duty to act in the best interest of the estate, and they can be personally sued for mismanagement. Common liabilities include “breach of fiduciary duty” for stealing assets or favoring one heir over others, and failing to pay taxes or creditors before distributing money to beneficiaries. If an Executor distributes $100,000 to the heirs but forgets to pay a $50,000 credit card bill, the Executor may have to pay that debt out of their own pocket because they violated the legal priority of payment.

Yes, a lawyer is essential to resolve disputes before they drain the entire estate in legal fees. Whether it is a “Will Contest” (claiming the deceased was coerced or mentally unfit) or an accusation that the Executor is stealing money, a lawyer can file petitions to freeze estate assets or remove a corrupt Executor. In many cases, a lawyer acts as a buffer to negotiate a “Family Settlement Agreement,” allowing heirs to agree on a different distribution than the Will stated to end the fighting and avoid a years-long public trial.

Generally, the estate is responsible for the debts, not the family members. The Executor uses the deceased person’s cash and sells their assets to pay off credit cards, medical bills, and loans; if the money runs out, the remaining debts are wiped away legally. Family members are only personally responsible if they co-signed a loan (like a mortgage or car note) or if they live in a “Community Property” state where spouses share liability for debts incurred during the marriage.

Finding “new” assets—like a forgotten bank account or stock certificate—requires “reopening the estate” in probate court. The Executor must file a petition to be re-appointed so they have the legal authority to sign for the asset and distribute it. This is a common but annoying administrative headache that involves paying new court fees and filing a supplemental inventory; however, if the asset was held in a Trust, the Trustee can usually handle it immediately without going back to court.

Yes, absolutely. Handling an insolvent estate is a legal minefield because state laws dictate a strict “priority of payment” for who gets the little money that exists (e.g., funeral costs and taxes usually get paid before credit cards). If an Executor pays the wrong creditor first—like paying off a personal loan to a friend instead of the IRS—they can be held personally liable for the mistake. A lawyer guides the Executor on exactly which debts to pay and which to discharge, shielding them from being sued by angry unpaid creditors.