Structuring estate planning to help your executor

Delaware residents may take steps to get their affairs in order and provide for their families after their deaths. When they do so, they may want to consider structuring their estate planning in a way that makes the job of their executor easier. Not only does this relieve some of the pressure on the executor, but it could also hasten the probate process by reducing or eliminating the potential for unnecessary delays.

A well-crafted estate plan could allow an individual’s estate to go through Delaware’s informal probate process. This could include filing the necessary paperwork to validate the will and confirm the role of the executor. Thereafter, the decedent’s debts are paid, and the property of the estate could be distributed with the court’s approval within a reasonable amount of time.

Without careful planning, the formal probate process could be needed to handle issues such as will contests. The court oversees the process much more closely and more court filings and appearances could be required. Even if a formal proceeding is not necessary, an executor could have a difficult time locating and valuing assets without crucial information and upfront work by the person whose estate is being probated.

If Delaware residents want to make the jobs of their executors less frustrating and difficult, it can be done. The appropriate estate planning could even skip the distribution of assets through probate, depending on the situation. The less difficulty an executor has in going through the probate process, the sooner that loved ones receive the inheritances that were specified for them.

Source: FindLaw, “How to Administer an Estate“, Accessed on May 7, 2017



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