The Role of a Personal Representative or Executor

One of the most important reasons to make a will is to name your executor -- commonly called a “personal representative” in Colorado.  If the person serving is a female -- an executrix. After your death, your executor's primary job is to protect your property until any debts and taxes have been paid, and then transfer what's left to those who are entitled to it.

What is Your Role as an Executor

• (1) determine if there are any probate assets;

• (2) identify, gather, and inventory the assets of the deceased;

• (3) receive payments due to the estate, including interest, dividends, and other income (e.g., unpaid salary, vacation pay, and other company benefits);

• (4) set up a checking account for the estate;

• (5) figure out who is going to get what and how much under the Will (if there is no Will, the state’s “interstate succession laws” apply);

• (6) value or appraise the estate’s assets;

• (7) give legal notice to potential creditors (the procedure and deadlines for creditors to file claims vary from state-to-state);

• (8) investigate the validity of all claims against the estate;

• (9) pay funeral bills, outstanding debts, and valid claims;

• (10) pay the expenses of administrating the estate;

• (11) handle various paperwork, such as discontinuing utilities and charge cards, and notifying Social Security, Civil Service, and Veterans Administration of the death;

• (12) file and pay income and estate taxes;

• (13) distribute the remaining property in accordance with the instructions provided in the deceased’s Will; and

• (14) close probate.

As of 2018, only gross estates with values of more than $5.6 million are subject to federal estate taxes, but some states also impose estate taxes. Colorado is not one of those states.  They do not impose an estate tax. Your gross taxable estate is the total value of all you own, both probate assets and property that pass directly to a living beneficiary.

As you can see, serving as a personal representative can be a huge responsibility and is often a time-consuming burden. If you need help finding a good estate planning attorney, please don't hesitate to reach out to me.  I have resources to help you.