Section 4.81 Attorney’s Checklist for Use in Administering an Estate

• Library: Estate Admin 2014 Forms

A checklist is a summary of many of the areas that should be considered in administering an estate. At best, it is a starting point and reminder of matters that need attention. Apart from a checklist, each estate must have its separate calendar, carefully monitored and updated, noting the due dates and expiration dates of important estate matters such as the:

• inventory;

• claim period;

• settlement;

• employee benefit options;

• alternate valuation date;

• federal and state estate tax returns;

• income and gift tax returns;

• qualified disclaimers; and

• other matters pertinent to the administration of that particular estate.

Initial Steps

1. Provide assistance, if needed, with the decedent’s funeral and burial arrangements, organ donation, death certificate, obituary, and care of family members. Analyze the will for any expression concerning these matters.

2. Safeguard the decedent’s assets, including the residence, and arrange for appropriate mail delivery.

3. Obtain the original will, with all codicils and written statements or lists disposing of tangible personal property in accordance with § 474.333, RSMo 2000. File originals with the probate division of the circuit court of the decedent’s domicile after making copies of them for retention. Obtain all of the decedent’s existent prior wills.

4. Caution the decedent’s relatives against paying the decedent’s debts from their own funds, but consider early payment of the funeral bill to obtain a discount by advance from heirs or devisees.

5. Estimate the value of the estate and the location of assets.

6.Ascertain ownership and beneficiary provisions applicable to assets for a determination of the type of appropriate procedure.

7.Consider dispensing with administration with “refusal of letters” or the “small estate” procedure. See Chapter 2 of this deskbook.

8.If the will is not self-proved, contact witnesses to prove up their signatures, obtaining commissions for witnesses unable to appear in court.

9.Confirm that the decedent’s real estate and tangible personal property are adequately insured and that successors in interest are protected. Obtain the homeowner’s policy for review of scheduled assets and valuations for estate tax implications.

10.Collect and cancel the decedent’s credit cards and charge accounts, request final statements and refunds, and arrange for new cards and accounts for survivors, if appropriate.

11.Notify all institutions with whom the decedent held assets or accounts of death (e.g., banks, brokerage houses, unnecessary utilities, etc.).

12.Terminate leases or tenancy and utility services, if appropriate, in connection with the decedent’s rental, or instruct the decedent’s tenants as to proper payment.

13.Notify any attorney in fact to whom the decedent has given a power of attorney of the decedent’s death. If the power is durable, require an accounting as provided by § 404.727, RSMo 2000.

14.Apply for an employee identification number for the estate—Form SS‑4.

15.Ascertain if the personal representative has a claim against the estate, which may or may not require appointment of an administrator ad litem. See § 473.423, RSMo 2000.

16.Carefully review the will for specific bequests, legacies, directions to sell or convert assets to cash, directions not to enforce the collection of notes or accounts due the estate, and any other directions. General legacies bear interest from one year after death equal to that allowed by law on money due upon court order. Section 473.633.1, RSMo 2000.

17.Within six months of probate, record a copy of the will with the probate certification in the recorder’s office in each county where real estate is situated.

18.Ascertain if the decedent was the beneficiary of a marital trust for which a qualified terminal interest election had been made or a deemed transferor for generation-skipping tax purposes, and consider the tax effects.

Initiating Estate Administration

1. Prepare the application for the probate of the will and letters testamentary or letters of administration—intestate estate—for which the following steps are appropriate:

a. Obtain full names, addresses, and relationships of heirs, devisees, and guardians or conservators, if any, and birth dates of minors. Social Security numbers of beneficiaries should be obtained for later use.

b. Obtain for filing the renunciation of the right to administer or refusal to act as personal representative when appropriate.

c. Determine whether to use independent or supervised administration.

d. Obtain consents of beneficiaries to independent administration, if appropriate.

Section § 473.117.1, RSMo 2000, allows judges, clerks, or deputies to serve as personal representatives in certain cases.

2. Obtain a bond for the personal representative, if required, considering use of bond waivers or use of a depositary of assets for bond reduction.

3. File an application, with accompanying documents described in Item 1 above, and an appropriate filing fee in the probate division of the circuit court of the decedent’s domicile.

4. Ascertain that the order is entered admitting the will to probate and granting letters testamentary to the personal representative.

5. See that the notice of granting letters is given and published as required by statute. Some courts require payment of the fees of the legal newspaper with the filing fees on filing application for letters. In some courts, the notice and publication must be arranged entirely by the estate attorney.

6. Ascertain that proof of publication of notice of letters and proof of mailing of notice of letters to heirs and devisees have been filed.

7. Ascertain whether any beneficiary should wholly or partially disclaim interests under the will or by intestacy, or in any other manner, to change the property disposition considering the requirements of a qualified disclaimer under federal and state laws.

8. If the personal representative will not claim a fee, file a waiver of fee.

9. Determine whether the circumstances of the decedent’s death were such that action for the decedent’s wrongful death should be instituted.

Insurance Claims and Other Benefits

1. Prepare insurance claim forms for life, health, and accident insurance and collect the proceeds, making copies of policies for estate tax use before mailing. Request IRS Form 712 for each life policy.

2. Ascertain the decedent’s employee benefits by reviewing the basic plan documents. Consider the income and estate tax impact of all available options and time limitations. Prepare appropriate claims or instructions for the Surviving spouse or other beneficiaries.

3. Notify the Social Security Administration (SSA) of the death of the decedent and return SSA check for month of death. Advise the client to contact the local Social Security office concerning survivorship benefits.

4. Contact the Veterans Administration regarding survivorship benefits, life insurance, and burial allowance if not applied for...