Estate administration records and questions checklist
Estate administration records help business, real estate, and private investment owners, their spouses, and adult children understand what an estate includes, who may act, and how property and tax filings are handled. Core records include the will, death certificates, property records, tax returns, accounts, insurance, and beneficiary information. Duties depend on the jurisdiction and the complexity of the assets and estate plan.
Records that show what the estate holds
An inventory identifies assets owned at death. Investment accounts may lack paper statements, and records may be kept in a lockbox or home safe. Accounts titled in the decedent's name are typically frozen until institutions receive documents establishing who may act.
Authority and asset ownership
Authority to administer an estate depends on the jurisdiction and the asset's ownership. In New York, a person named executor has no authority until the Surrogate's Court admits the will to probate and issues letters testamentary.
New York practitioners describe beneficiary-designated, survivorship, and trust assets as typically passing outside the will and executor's administration.
Valuation and care of property
Estate valuation and care involve identifying property and its condition. Practitioners in New York note that estate assets are valued at death and that appraisals are used for assets without a ready market.
Practitioners say personal representatives take reasonable steps to safeguard estate assets from appointment through distribution and settlement.
Tax returns and administration accounting
Tax filings can include the decedent's final income tax return, an estate income tax return, and a federal estate tax return.
Informal accounting presents numbers to beneficiaries for signed receipts and releases. Formal accounting is a Surrogate's Court proceeding that can bind parties and discharge the fiduciary.
Common questions
Does a person named executor in a will have authority immediately in New York?
A person named executor in a New York will has no authority to act until the Surrogate's Court admits the will to probate and issues letters testamentary. Trust and estate practitioners in New York also describe beneficiary-designated, survivorship, and trust assets as typically passing outside the will and executor's administration.
Which tax filings may be part of estate administration?
An executor may need to file the decedent's final income tax return, an estate income tax return, and a federal estate tax return.