When a spouse (or other loved one) dies there is a lot that needs to happen. It’s traumatic and exhausting, particularly if the surviving spouse was a long-term caregiver and is also the Executor. They may need help.

An Executor will need to accomplish numerous tasks regardless of whether there is or is not a Will. A good estate plan can streamline the Probate process by avoiding situations that necessitate a Probate Court decision.

A goal of a good estate plan is to make last wishes clear and actionable without involving Courts. An executor should have your trust. A spouse (or family member) is often most knowledgeable and able to implement the wishes in a will. (Each state has different laws and it’s advisable to obtain legal help.)

Executor duties typically are ministerial. They may be a beneficiary and may be paid, but they don’t usually decide who is a beneficiary or what each gets.

The process typical process usually involves:

a) File the Will with the probate court, and obtaining approval of the executor,

b) Inventory assets and value them

c) Identify any taxes or debts and pay them,

d) File tax returns,

e) Distribute property to heirs,

f) Provide a final account to the Probate Court.

An Executors tasks can be delegated, but the responsibilities cannot.

The process can be simplified by titling properties (real estate and cars) correctly, designating beneficiaries (IRAs, HSAs 401Ks, insurance policies), and placing assets (non-ERISA securities, CDs or bank accounts) in a Living Trust.

Typically, personal property, closing out trade accounts, credit accounts, and any personal, auto, or other loans, and digital identities can be time consuming or confusing, but are necessary.