When you become an administrator of an estate, how do you know your duties?

The duties are set forth in Rhode Island statute and case law. You have been invested with great authority by the court and need to have counsel guiding you.

Good questions. I suggest asking the court directly, or checking the court's website for such information. The court clerks should be able to help you. They probably will forward some instructions to you, which may even include a booklet of duties and generally asked questions. As to the fee, that depends upon the state. Some have statutory limits, for others it is some "reasonable compensation" standard that the judge determines. I suggest asking the court clerks this questions too. In general it depends upon the work performed and the general costs to have such work done. For example, accounting or legal work would entail higher fees than merely administrative or secretarial work. Best course of action is to keep track of all your time, what you did, and all costs (with receipts) for reimbursement.

The probate court will usually have an information packet to get started. A probate attorney can help with estate matters. The maximum amount a personal representative is entitled to in South Carolina is five percent.

No they will not. You should hire a lawyer to advise you, as there are serious consequences to not complying with your duties, and "ignorance of the law" is not a defense. Which puts people in a very difficult spot, because how to administer an estate is not taught in schools or always subject to common sense. The Utah Probate Code sets forth your duties, and is available online. You should hire an attorney to advise you to at least a limited degree.

You're entitled to 3% of the gross value of the estate as compensation. The duties are as follows: What is Required of a Personal Representative? Being the personal representative, also known in some states as the executor, of an estate is not a task to take lightly. A personal representative is the person responsible for managing the administration of a deceased individual's estate. Although the time and effort involved will vary with the size of the estate, even if you are the personal representative of a small estate you will have important duties that must be performed correctly or you may be liable to the estate or the beneficiaries. The personal representative is either named in the will or if there is no will, appointed by the court. You do not have to accept the position of personal representative even if you are named in the will. The average estate administration takes one year, though you won't need to work full time on it. Following are some of the duties you may have to perform as personal representative: Locate documents. If there is a will, but you don't already know where the will is or the will hasn't already been brought to court, you may need to find it among the deceased's belongings. If all you have is a copy of the will, you may need to get the original from the lawyer who drafted it. You will also need to get a copy of the death certificate. Hire an attorney. You are not required to hire an attorney, but mistakes can cost you money. You may be personally liable if something goes wrong with the estate or the payment of taxes. An attorney can help you make sure all the proper steps are taken and deadlines met. Apply for probate. If there is a will, the court will grant you letters testamentary. If there is no will, you will receive letters of administration. This will officially begin your work as the executor. Notify interested parties. Notify the beneficiaries of the will, if there is a will, as well as any potential heirs (such as children, siblings, or parents who may or may not be named in a will). In addition, you will have to place an advertisement for potential creditors in a newspaper near where the deceased lived. Manage the deceased's property. You will need to prepare a list of the deceased's assets and liabilities, and you may need to collect any property in the hands of other people. One of the executor's jobs is to protect the property from loss, so you will need to assure the property is kept safe. You will also need to hire an appraiser to find out how much any property is worth. In addition, if the estate includes a business, you may have to make sure the business continues to run. Pay valid claims by creditors. Once the creditors are determined, you will need to pay the deceased's debts from the estate's funds. The executor is not personally liable for deceased's debts. The estate usually pays any reasonable funeral expenses first. Other debts include probate and administration fees and taxes as well as any valid claims filed by creditors. File tax returns. You need to make sure the tax forms are filed within the time frame set under the law. Taxes will include estate taxes and income taxes. Distribute the assets to the beneficiaries. Once the creditors' claims are clear, the executor is responsible for making sure the beneficiaries get what they are entitled to under the will or under the law, if there is no will. You may be required to sell property in order to fulfill legacies in a will. In addition, you may have to set up any trusts required by the will. Keep accurate records. It is very important to keep accurate records of everything you do. You will need to create a final accounting, which the beneficiaries must review before the distribution of the estate can be finalized. The accounting should include any distributions and expenses as well a

If this is going through probate in California, and you have petitioned to become the administrator/personal representative, you should have already signed form DE147, which explains all of your duties.

The probate court has information available about your duties. You should contact one of the representatives at the court that appointed you and ask them for an instruction sheet. If they don't have one available they should be able to direct you how to get the information you need.

The attorney for the estate should tell you what he expects you to do. In Missouri, the personal representative receives a commission based on the value of the property that is actually part of the probate estate. This would only include real property if it was sold. The probate estate normally (in Missouri) does not include any property that the decedent owned jointly with another person (except tenancy in common) and will not include property in trust or life insurance proceeds payable to a named beneficiary (other than the personal representative or the estate). The commission scale is as follows: 5% on the first $5,000 4% on the next $20,000 3% on the next $75,000 2.75% on the next $600,000 2% on everything over $1,000,000.

Your lawyer should explain everything to you. The court will not send you instructions.

If you are the personal representative, the lawyer helping you with the probate should explain your duties. Basically, they are to gather the estate assets, pay all legitimate debts, account for all expenditures, and after approval by the court pay/distribute the assets to the heirs. You should not make any distributions to yourself (or any other beneficiary) until approved by the court at the end of the probate.

You may obtain information about the duties of a personal representative by contacting an attorney or the Register of Wills. A personal representative is entitled to reasonable compensation, not to exceed 9% of the first $20,000 of the estate plus 3.6% of the estate above $20,000.

The court will only give you instructions on whether or not you need to file an inventory. As executor/administrator you should hire an attorney to advise you on how to proceed. The will may say whether you are to be paid or not. Often times even when the will says the executor can be paid, if the executor is also an heir and it is family, they often waive the fee. If there is no will then you are likely eligible for a statutory fee of up to 5% of the value of the estate (ie. the proceeds that you collect from selling assets).

Normally your attorney will provide you with instructions on your duties and liabilities as an executor or administrator. If you still have concerns you should contact your attorney directly and discuss them with him or her. In California, the executor or administrator receives the same fees as the attorney, which is a percentage of the gross estate on a sliding scale. If you perform extraordinary duties, such as running or selling a business or residence, you can have your attorney petition the court for extraordinary fees which are usually based on your knowledge, education and experience. Discuss this with your attorney In Washington state, the executor or administrator is entitled to reasonable fees which are based on your knowledge, education and experience and difficulty in handling the estate. Discuss this with your attorney.

Even if you want to do this yourself, you should seek the advice of an attorney. It is very important to understand your duties because if you fail the court can surcharge you for any deficiency. SCAO form 573 must be sent to the beneficiaries. This form sets forth notice of your appointment and your duties.

The judge will not sent you instructions; if you are represented by lawyer in the probate, he or she will give you instructions and when the probate is ready to close, you will be entitled to fees. The fees are statutory and are a percentage of a graduated scale, the amount depends upon the dollar amount in the probate estate.

As far as what percentage of the estate you can expect to receive, that will depend on whether there is a will or not. If there is a will, then you will receive whatever is provided for you in the Will. If there is no will, then your inheritance will be determined by the default Missouri laws, which can be found in the Missouri statutes at section 474.010. Essentially this law provides that the spouse gets everything if there are no kids; if there are kids and a surviving spouse, then the spouse and kids share (though the spouse is entitled to claim some extra property, such as the marital house/car/household items, etc.); if there is no surviving spouse, then the kids split everything equally; if there are no surviving kids and no surviving spouse, then the parents and brothers and sisters split everything equally; and so on. For your other question, your duties as Personal Representative of an Estate in Missouri are numerous. Your attorney should be able to provide you with a list of duties, and if you contact your local probate court, they may have a list of duties they can provide you as well. When a new estate is opened and one of my clients is appointed as the personal representative, I usually send them a letter with the following checklist of things they need to make sure they look into: 1. Obtain the original will, with all codicils and written statements or lists disposing of tangible personal property in accordance with ? 474.333, RSMo., and provide the original will, codicils and written statement or lists to me; 2. Obtain all of the decedent?s deeds, titles for vehicles, bank and financial institution statements, and other evidence of title to assets owned by the decedent, and provide the information to me; 3. Forward mail delivery from the deceased person?s address to your address; 4. Identify the estate assets and their location; 5. Safeguard the assets, including the residence, and consider arrangements to continue utility services; 6. Inventory the decedent?s safe deposit box (it is advisable to have a disinterested witness with you at the time); 7. Confirm that the real estate and tangible personal property are adequately insured and that successors in interest are protected; 8. Collect and cancel any credit cards, charge accounts, magazine subscriptions, etc., stop automatic withdrawals if appropriate, and request final statements and refunds; 9. Prepare insurance claim forms for life, health, and accident insurance and collect the proceeds, making copies of policies for estate tax use before mailing. 10. Caution all beneficiaries against payment of the debts of the deceased from their own funds; 11. Terminate any leases and utility services, if appropriate, in connection with rentals, and/or instruct tenants to direct payment to you. 12. Notify any attorney-in-fact who was given a power of attorney of decedent?s death; 13. Obtain valuation letters from the banks or other financial institutions where estate assets are held, and facilitate any appraisal of estate assets that may be needed; 14. Obtain tax advice from a certified public accountant and apply for employee identification number for estate?Treasury Department Form SS4; 15. Open an estate bank account in the name of the personal representative (clearly identifying yourself as personal representative) and transfer bank accounts of the decedent to estate accounts, and deposit all estate funds in estate account and pay all obligations by check from that account (*Keep all personal funds separate from the estate account and estate assets*); 16. Determine if you have any claim for reimbursement or any other claim against the estate, which may or may not require appointment of administrator *ad

In answer to your question as to your duties when you become an administrator, I am assuming you were appointed by a court order, issued letters of administration; at that time you should have had to sign the letters of administration, filed back with the court and were issued a set of instructions duties of an administrator. As to your compensation, the percentage of the value of the estate you are entitled to, which is generally the same the lawyer receives, and both are set forth in the California Probate code.

That depends on the court. In larger counties (Dallas, Tarrant, Harris), where there are statutory probate courts, the courts have more staff and resources and the court administrator or other staff may provide instruction. It is ultimately your responsibility to know your duties and your attorney should be your first resource on that. Your first responsibility is going to be to file an Inventory and Appraisement of the estate, which is due 90 days from when you receive letters of administration.

You must follow the will and requirements of the probate code, the court can not give you advice, you may want to consult with an attorney.

Speak with your lawyer. In MI, a notice is sent out outlining what is to be done. You do not get a %. Rather, you are paid a reasonable rate per hour for work performed. Any request for a payment of fees must be filed for hearing, notice given to all interested parties and approved by the court.

The Judge will not, but the lawyer should. Your duties are described in the Utah Code.

Your duties are set forth in the Michigan Estates and Protected Individuals Code (EPIC). You should hire an attorney to provide advice and guidance as you go forward.

In Lincoln County, the judge sends a very brief letter generally outlining the duties of the administrator. It barely scratches the surface. Do yourself, and the other heirs, a favor, and hire a lawyer to help you with the probate. There are five chapters of Oregon law dealing exclusively with probate, and many more statutes that affect or are affected by probate issues. After 12 years of doing probates, I still don't know it all. Doing the probate right, it is a clean and open process that ensures that the decedent's debts get paid and his or her will is carried out; doing it wrong, it can be a hopeless expensive mess. Do it right the first time.

Under California law your attorney will advise you of your duties as the administrator of the estate and will furnish you with a document entitled Duties and Liabilities of Personal Representative which list your duties.

If you have a lawyer then he/she should let you know what needs to be done and how much you are allowed to charge. Whether it makes sense to charge depends on the circumstances. While you are entitled to reasonable compensation, anything that you receive for services is taxable income. Anything you receive as an inheritance is likely tax free.

The court will not send you anything that explains your duties as the administrator of the estate, or what you can expect in terms of compensation. In general, however, your duties are to identify and manage the estate assets, identify and pay the estate liabilities, handle any litigation or disputes in which the estate may be involved, distribute the estate according to the will (or according to the laws of intestacy if there is no will), and report to the court as needed regarding your activities as administrator. You also may not mix the estate assets with your own.

Your duties and compensation are controlled by the Probate Code and the rules of court. While there are self help books that you can refer to, you should at least consult a probate attorney to help you get the basic rules.

Your duties are set by the Code of Iowa and your attorney should be able to discuss these with you. If you have any questions you should contact your attorney before acting because some actions may require Court approval. The Court will ultimately set your fee. However your attorney should be able to give you an idea about the likely amount that you can expect to receive.

You can hire an attorney and other professionals to assist you in settling the estate and to answer all your questions. Your local bar association may have information on your duties and responsibilities. Or you can read your state's statutes on estate procedures.

Your lawyer should instruct you on your duties and normally the Personal Representative Fee is set at 3% of the value of the probated estate.

Talk to your attorney. This should be an ongoing conversation. If you are not clear on your responsibilities, which can vary from case to case, then you should ask your attorney for more information. The Judge will not send you anything about your duties. Discuss with your attorney how your compensation should be computed. Generally speaking, I advise my administrator clients to keep a log of their time and what they did for the estate.

Your attorney should define your obligations as the Administrator, e.g., there will be documents for you to sign and activities to perform. You asked about the % to be received by you. You may charge a reasonable charge for your services as Administrator. Any "amount" to be received as a benificary is defined in the Will. If there is no Will, which appears to be the case here, Washington statute defines the distribution of the estate assets to a surviving spouse, children, etc.

Commonly related administrators serve without remuneration, and are selected out of the heir or beneficiary group. The duties should be explained to you by an attorney, who generally you would be allowed to hire as the fiduciary and pay out if the Estate/Trust. Additionally fees, both for a paid administrator and the professions hired are subject to the approval of the Court. They are generally based on time, services and expensed incurred, not a percentage.

Your attorney should be able to answer all your questions as to your duties. If not, many probate courts have guides on their websites to assist. Go to your local county's probate court's website to see if they have a guide available for download.