Memoria Knowledge Base Library provides comprehensive support during challenging times like funerals, offering practical planning resources. Our aim is to empower you with knowledge, compassion, and understanding as you navigate the funeral industry.
The term Administer an Estate refers to the tasks required to manage the legal, financial, and logistical aspects related to a deceased person's Assets and Debts.
This process is legally required because it ensures that a deceased person's debts are paid before their assets are distributed to Heirs and Beneficiaries, and that it all happens in accordance with state Probate laws, and the deceased's wishes.
The estate administration process is overseen by a state Probate Court which helps provide structure and provides legal protection and transparency.
At a high level, the estate administration process involves gathering information about the deceased's financial history, cataloging all of their assets and debts, and fulfilling any legal obligations before distributing assets; typically this means first paying all debts and taxes.
The specific tasks involved in estate administration vary depending upon the complexity of the estate, the presence of a valid Will, and state probate laws and, but they generally follow a similar process.
The process to administering an estate includes several steps such as:
Asset Management: The estate administration process begins with the identification, preservation, and management of the deceased person's assets. This includes gathering information about bank accounts, investments, real estate, personal property, and other valuables. By properly managing and safeguarding the assets, the Executor of the Estate ensures they are not lost, misused, or subjected to unnecessary risk.
Debt Settlement: During the estate administration process, outstanding debts, loans, taxes, and other financial obligations are identified and quantified. Creditors are notified of the death, and arrangements are made to pay debts either from the estate's liquid assets, the selling of the estate's possessions, or in some cases, the deceased's Surviving Family may be obligated to pay.
Distribution of Assets: Once debts have been paid, the executor or Administrator is then responsible for distributing any remaining assets to beneficiaries or heirs. This ensures that the assets are transferred according to the wishes expressed in the deceased's will, or if they did not have a will at the time of their death, as determined by state law, known as the Laws of Intestacy.
Legal Compliance: Estate administration ensures that all parties are in compliance with state law, tax regulations, and any other provisions specified by the deceased's assets. By following the appropriate legal procedures, the executor protects the rights of creditors, beneficiaries, and other interested parties.
Resolution of Disputes: The estate administration process provides a framework for resolving any potential disputes or conflicts that may arise among family members, beneficiaries, or creditors. The process allows interested parties to present their claims, resolve conflicts, and seek appropriate remedies through the court system, if necessary.
Closure of the Estate: The process provides an executor with the procedures for an orderly closure of the deceased's affairs, which means that once all debts are settled, assets are distributed, and legal requirements are met, the estate can be officially closed. This provides a sense of finality and allows beneficiaries to move forward with their inherited assets.
Settling an estate is a complex and time-consuming process. Typically, an executor hires an Estate Attorney, Probate Attorney, or Accountant, to help ensure that the deceased person's estate is managed responsibly, debts are properly addressed, and assets are distributed in accordance with the law and the wishes of the deceased.
Also known as Settling the Estate.
Costs that are typically incurred during the process of Administering an Estate, including the typical Probate process.
Examples of administrative expenses include:
Executor fees: the person responsible for managing the deceased's Estate, known as the Executor, may be paid for their service. It may be a flat fee, an hourly rate, or based on a percentage of the value of the estate
Attorney's fees: typically the Executor will work with an attorney to handle legal proceedings associated with probate. The fees for these services may be paid out of the estate's assets
Court fees: in many cases, the probate court overseeing the estate will charge fees for filing documents and other administrative tasks
Accounting and appraisal fees: if the estate includes complex Assets, such as a business or real estate, it may be necessary to hire an accountant or Appraiser to value these assets for tax and distribution purposes
Misc expenses: other expenses may be necessary, such as fees for moving and storing personal property, or costs associated with resolving any disputes that arise during the process
These fees are generally paid out of the Estate account, not a personal bank account, and are paid before the remaining assets are distributed to Beneficiaries or Heirs.
An administrator is a person appointed by state Probate Court to Administer a deceased person's Estate when that person has died without having a valid Last Will and Testament, or if their will did not name an Executor.
Typically, a deceased person will name someone, known as the executor, to Settle their Estate by identifying them in their will.
However, if that person cannot do the job for whatever reason, or if the deceased did not have a valid will, then the state is responsible for identifying and appointing this person.
The roles of administrator and executor are similar, but the terms are used differently. In cases where the deceased left a valid will and named someone to do this work, the term "executor" is used instead of "administrator."
Their responsibilities are similar, but an executor manages an estate based on instructions outlined in a deceased person's will. Administrators have no will to rely on, so they are legally required to manage an estate based on state law, known as the laws of Intestate Succession.
Though these Probate laws vary by state, an administrator is always subject to court supervision and will likely need to obtain court approval for certain actions before they can distribute the deceased's Assets to Surviving Family, Heirs and other Beneficiaries.
Key responsibilities of an administrator during estate administration and probate include:
Applying for Administration: The administrator's first task is to apply to the appropriate court for legal authority to manage the estate. This process involves submitting a Petition for Letters of Administration and relevant documents to the court for review and approval.
Identifying Assets and Debts: The administrator must identify all the Assets and Debts of the deceased person's estate. This includes real estate, bank accounts, investments, personal property, debts, loans, and more.
Inventory and Appraisal: The administrator might need to prepare an Inventory and Appraisal of the estate's assets. This is important for assessing the estate's overall Fair Market Value and ensuring proper distribution.
Paying Debts and Taxes: The administrator is responsible for paying off the deceased person's debts, including outstanding bills, taxes, and other financial obligations. This is typically done using funds from the estate.
Distributing Assets: Once debts, taxes, and other obligations are settled, the administrator oversees the distribution of the remaining assets to the Heirs or other Beneficiaries according to the Laws of Intestacy.
Managing Estate Property: During the probate process, the administrator might need to manage and maintain estate property, such as real estate, until it is distributed to the heirs or beneficiaries.
Communicating with Heirs and Beneficiaries: The administrator communicates with the legal heirs and beneficiaries to keep them informed about the progress of the estate administration, including asset distribution and any challenges that may arise.
Filing Required Documents: The administrator is responsible for filing various legal documents with the court, including an accounting of the estate's financial transactions.
Resolving Disputes: If disputes or disagreements arise among heirs or beneficiaries, the administrator may play a role in helping to resolve these issues.
An Administrator's Deed is a legal document used to transfer ownership of a deceased person's Assets to their Heirs or Beneficiaries if the deceased died without a Last Will and Testament, or if it did not provide sufficient information for how to distribute assets.
It outlines the details of how to distribute the deceased's assets, including any real estate, personal property, and financial assets.
Also known as a Deed of Distribution.
Adult Protective Services (APS) is a social service program that is designed to protect vulnerable adults from abuse, neglect, and exploitation.
They are typically operated by state or local government agencies and provide a range of services to assist adults who are unable to protect themselves from harm due to physical or mental limitations.
After a death, it's possible that surviving Dependents may need additional support, especially if the deceased was a caretaker.
If the surviving person in need is elderly, or an adult with disabilities coordinate support with friends and family for the short term, or contact APS to ensure that they are kept safe.
An advance care directive is a legal document that expresses a person's healthcare preferences for medical treatment and end-of-life care in the event they become unable to communicate or make decisions for themselves.
Advance care directives provide guidance to healthcare professionals, family members, and Healthcare Agents so they can make medical decisions on behalf of the person. They reduce uncertainty and potential conflict among family members and confusion among healthcare professionals.
It can include organ donation preferences, Do Not Resuscitate (DNR) Orders, Physician Orders for Life-Sustaining Treatment (POLSDT), and Durable Power of Attorney.
Creating an advance care directive is an important step in the Estate Planning process to ensure that one's healthcare choices are honored. It's helpful to consult with an Estate Attorney or use state-specific forms when creating an advance care plan to ensure that it complies with state standards.
Once complete, it's important to discuss the contents of the directive with family members and healthcare providers to ensure that everyone is aware.
Key components of an advance care directive typically include:
Healthcare Proxy or Agent: Individuals may designate a trusted person known as a Healthcare Agent or Healthcare Proxy to make medical decisions on their behalf if they are unable to do so.
Treatment Preferences: The directive outlines specific instructions about the types of medical treatments or interventions the individual wants or does not want in various medical situations. This can include preferences for resuscitation, mechanical ventilation, artificial nutrition and hydration, and more.
End-of-Life Care: Advance care directives often address end-of-life care decisions, including the use of pain management, Palliative Care, Hospice Care, and other comfort measures.
Organ and Tissue Donation: Individuals may express their willingness to donate organs and tissues for transplantation or medical research in their advance care plan.
Personal Values and Beliefs: Some directives include a section where individuals can articulate their values, beliefs, and general healthcare philosophies to provide context for their decision-making preferences.
Signature and Witness Requirements: To ensure its legal validity, the advance care directive must typically be signed by the individual in the presence of witnesses or Notarized, depending on state requirements.
Also known as an Advance Directive, Advance Care Plan and Advance Healthcare Directive.
An advance care plan is a legal document that expresses a person's healthcare preferences for medical treatment and end-of-life care in the event they become unable to communicate or make decisions for themselves.
Advance care plans provide guidance to healthcare professionals, family members, and Healthcare Agents so they can make medical decisions on behalf of the person. They reduce uncertainty and potential conflict among family members and confusion among healthcare professionals.
It can include organ donation preferences, Do Not Resuscitate (DNR) Orders, Physician Orders for Life-Sustaining Treatment (POLSDT), and Durable Power of Attorney.
Creating an advance care plan is an important step in the Estate Planning process to ensure that one's healthcare choices are honored. It's helpful to consult with an Estate Attorney or use state-specific forms when creating an advance care plan to ensure that it complies with state standards.
Once complete, it's important to discuss the contents of the plan with family members and healthcare providers to ensure that everyone is aware.
Key components of an advance care plan typically include:
Healthcare Proxy or Agent: Individuals may designate a trusted person known as a Healthcare Agent or Healthcare Proxy to make medical decisions on their behalf if they are unable to do so.
Treatment Preferences: The plan outlines specific instructions about the types of medical treatments or interventions the individual wants or does not want in various medical situations. This can include preferences for resuscitation, mechanical ventilation, artificial nutrition and hydration, and more.
End-of-Life Care: Advance care plans often address end-of-life care decisions, including the use of pain management, Palliative Care, Hospice Care, and other comfort measures.
Organ and Tissue Donation: Individuals may express their willingness to donate organs and tissues for transplantation or medical research in their advance care plan.
Personal Values and Beliefs: Some plans include a section where individuals can articulate their values, beliefs, and general healthcare philosophies to provide context for their decision-making preferences.
Signature and Witness Requirements: To ensure its legal validity, the advance care plan must typically be signed by the individual in the presence of witnesses or Notarized, depending on state requirements.
Also known as an Advance Directive, Advance Care Directive and Advance Healthcare Directive.
An advance care plan is a legal document that expresses a person's healthcare preferences for medical treatment and end-of-life care in the event they become unable to communicate or make decisions for themselves.
Advance care plans provide guidance to healthcare professionals, family members, and Healthcare Agents so they can make medical decisions on behalf of the person. They reduce uncertainty and potential conflict among family members and confusion among healthcare professionals.
It can include organ donation preferences, Do Not Resuscitate (DNR) Orders, Physician Orders for Life-Sustaining Treatment (POLSDT), and Durable Power of Attorney.
Creating an advance care plan is an important step in the Estate Planning process to ensure that one's healthcare choices are honored. It's helpful to consult with an Estate Attorney or use state-specific forms when creating an advance care plan to ensure that it complies with state standards.
Once complete, it's important to discuss the contents of the plan with family members and healthcare providers to ensure that everyone is aware.
Key components of an advance care plan typically include:
Healthcare Proxy or Agent: Individuals may designate a trusted person known as a Healthcare Agent or Healthcare Proxy to make medical decisions on their behalf if they are unable to do so.
Treatment Preferences: The plan outlines specific instructions about the types of medical treatments or interventions the individual wants or does not want in various medical situations. This can include preferences for resuscitation, mechanical ventilation, artificial nutrition and hydration, and more.
End-of-Life Care: Advance care plans often address end-of-life care decisions, including the use of pain management, Palliative Care, Hospice Care, and other comfort measures.
Organ and Tissue Donation: Individuals may express their willingness to donate organs and tissues for transplantation or medical research in their advance care plan.
Personal Values and Beliefs: Some plans include a section where individuals can articulate their values, beliefs, and general healthcare philosophies to provide context for their decision-making preferences.
Signature and Witness Requirements: To ensure its legal validity, the advance care plan must typically be signed by the individual in the presence of witnesses or Notarized, depending on state requirements.
Also known as an Advance Care Plan, Advance Care Directive and Advance Healthcare Directive.
An advance healthcare directive is a legal document that expresses a person's healthcare preferences for medical treatment and end-of-life care in the event they become unable to communicate or make decisions for themselves.
Advance healthcare directive plans provide guidance to healthcare professionals, family members, and Healthcare Agents so they can make medical decisions on behalf of the person. They reduce uncertainty and potential conflict among family members and confusion among healthcare professionals.
It can include organ donation preferences, Do Not Resuscitate (DNR) Orders, Physician Orders for Life-Sustaining Treatment (POLSDT), and Durable Power of Attorney.
Creating an advance healthcare directive is an important step in the Estate Planning process to ensure that one's healthcare choices are honored. It's helpful to consult with an Estate Attorney or use state-specific forms when creating an advance care plan to ensure that it complies with state standards.
Once complete, it's important to discuss the contents of the plan with family members and healthcare providers to ensure that everyone is aware.
Key components of an advance healthcare directive typically include:
Healthcare Proxy or Agent: Individuals may designate a trusted person known as a Healthcare Agent or Healthcare Proxy to make medical decisions on their behalf if they are unable to do so.
Treatment Preferences: The directive outlines specific instructions about the types of medical treatments or interventions the individual wants or does not want in various medical situations. This can include preferences for resuscitation, mechanical ventilation, artificial nutrition and hydration, and more.
End-of-Life Care: Advance healthcare directives often address end-of-life care decisions, including the use of pain management, Palliative Care, Hospice Care, and other comfort measures.
Organ and Tissue Donation: Individuals may express their willingness to donate organs and tissues for transplantation or medical research in their advance care plan.
Personal Values and Beliefs: Some advance healthcare directives include a section where individuals can articulate their values, beliefs, and general healthcare philosophies to provide context for their decision-making preferences.
Signature and Witness Requirements: To ensure its legal validity, the advance healthcare directive must typically be signed by the individual in the presence of witnesses or Notarized, depending on state requirements.
Also known as an Advance Directive, Advance Care Directive and Advance Care Plan.
An affidavit is a written statement or declaration made by a person, often under oath, attesting to specific facts or events related to a deceased person's Estate or matters following their death.
It is a legally recognized document used to establish and verify various aspects of the deceased's life and can be used in legal proceedings as official evidence.
As a sworn written statement, affidavits are used to establish and verify the deceased's Assets, Heirs, Beneficiaries, Debts, and other important matters essential to Administering their Estate and associated legal Probate proceedings.
After the death of a loved one, an affidavit is used in a variety of legal, financial, and administrative tasks such as:
Asset Verification: Surviving Family members or heirs may provide an affidavit to confirm or verify the assets and properties owned by the deceased, detailing bank accounts, real estate, personal belongings, and other possessions.
Beneficiary Confirmation: Beneficiaries named in the deceased's Last Will and Testament or other legal documents may submit an affidavit confirming their status as a rightful beneficiary and acknowledging their Inheritance.
Estate Administration: An affidavit can be used to appoint an Executor or Administrator of the deceased's estate, stating their willingness and acceptance of the responsibilities associated with Settling the Estate.
Debt Verification: Creditors or lenders may require an affidavit to validate outstanding Debts owed by the deceased individual, providing necessary information for repayment from the estate.
Probate Process: Affidavits may be used to support the Probate process, confirming the authenticity of the deceased individual's will, the signature of witnesses, and the validity of the document.
Heirship Determination: Affidavits can help identify heirs of the deceased in cases where there the deceased did not have a will at the time of their death. It outlines rightful heirs and their respective shares of the estate.
Life Events and Circumstances: Affidavits may contain details regarding the circumstances of the death, events leading up to it, or any relevant information required for legal or administrative purposes.
An affidavit of death of joint tenant is a legal document used in real estate transactions to formally record the death of one joint tenant who owned a property in a Joint Tenancy arrangement.
Joint tenancy is a common form of property ownership in which two or more individuals share equal ownership and rights to a property. When one joint tenant passes away, the property typically transfers to the Surviving joint tenant(s) without the need for Probate.
To create an Affidavit of Death of Joint Tenant, the surviving joint tenant completes a government provided form, provides necessary details, and signs it in the presence of a Notary public. The affidavit is then filed with the appropriate county or local land records office or recorder's office where property records are maintained. It becomes part of the public record, officially documenting the change in property ownership.
The specific requirements and procedures for creating and filing an Affidavit of Death of Joint Tenant can vary by state and county, so it's important to consult with an Estate Attorney or Probate Attorney to ensure local laws are adhered to.
The Affidavit of Death of Joint Tenant serves several important purposes:
Record the Death: It provides a legal mechanism for recording the death of one of the joint tenants with the appropriate county or local government office responsible for maintaining property records.
Transfer of Ownership: Once recorded, the affidavit serves as evidence that the deceased joint tenant's ownership interest in the property has transferred to the surviving joint tenant(s) by operation of law. This transfer happens automatically upon the death of one joint tenant, as joint tenancy includes Survivorship Rights.
Title Clarification: It clarifies the ownership status of the property by removing the deceased joint tenant's name from the property Title, which is important for purposes such as selling or refinancing the property.
Avoiding Probate: One of the primary benefits of joint tenancy with the right of survivorship is that it allows for a seamless transfer of ownership without the need for probate court proceedings, which can be time-consuming and costly.
The term affinity refers to a familial relationship formed through marriage, as opposed to a blood relationship.
Affinity is often used to describe the relationships between a person and their spouse's relatives. It's a legal and genealogical concept that helps determine Inheritance rights, legal obligations, and other matters related to family connections.
If someone passes away and their Estate goes through the Probate process, "affinity relationships" might become relevant when determining who inherits the deceased’s Assets if no valid Last Will and Testament was created prior to the death.
Affinity relationships are distinct from Consanguinity, which refers to relationships based on blood or descent.
Laws regarding affinity vary by state, so it's best to consult with an Estate Attorney or Probate Attorney to fully understand how affinity relationships are recognized and applied when Administering an Estate.
Alkaline hydrolysis is a method of Final Disposition that uses a water-based Cremation process instead of traditional flame-based.
Alkaline hydrolysis is considered an eco-friendly alternative to traditional flame-based cremation because it produces fewer greenhouse gas emissions, does not release of harmful gases into the atmosphere, and uses significantly less energy. The sterile liquid used in the process can actually be returned to the environment through various methods.
The availability of alkaline hydrolysis services varies by location due to local law; not all states accept alkaline hydrolysis as an acceptable method of disposition. Currently it is legal in California, Colorado, Florida, Idaho, Illinois, Kansas, Maine, Maryland, Minnesota, Nevada, New Hampshire, North Carolina, Oregon, and Washington.
Here's how the alkaline hydrolysis process works:
Preparation: The body is placed in a specialized vessel designed for aquamation. The vessel is often similar in appearance to a traditional cremation chamber.
Alkaline Solution: A mixture of water and an alkaline chemical, typically potassium hydroxide, is added to the vessel. The solution is heated to a high temperature, usually around 160-180 degrees Celsius (320-356 degrees Fahrenheit).
Decomposition: The combination of heat and alkaline solution accelerates the natural decomposition process that would occur in soil over several years. This process breaks down the body's organic matter, leaving only bones and soft tissues.
Sterilization: The process effectively sterilizes the remains, eliminating any potential pathogens or contaminants.
Bone Fragments: After the aquamation process is complete, the remaining bones are very brittle and can be easily reduced to a fine powder.
Liquid Effluent: The liquid solution that remains after the process is a sterile solution containing amino acids, sugars, and salts. This solution is typically treated and disposed of in an environmentally responsible manner.
Final Steps: The bone fragments, which are similar to those produced in traditional cremation, are further processed into a fine powder known as "ashes."
Also known as Aquamation, Water Cremation, or Resomation.