Nathan Phelps

Letters Testamentary vs. Letters of Administration: Key Differences

While letters testamentary and letters of administration are often used interchangeably, they are not the same thing.

What to Do When an Estate Is Insolvent (Not Enough Money)

An estate not being able to pay all of its debts, taxes, or inheritance to beneficiaries means it is insolvent. And when this happens, there’s an order to things.

How to Probate a Will Without a Lawyer: 7 Short Steps

Most estates don’t need a lawyer, but that doesn’t mean they aren’t useful or necessary in many estate settlement situations.

20 Key Duties of an Executor (Checklist)

While there are hundreds of individual steps an executor has to take during probate and estate settlement, they can be boiled down to 20 key duties.

Who Needs Death Certificates When Someone Dies? Exact Number to Get

One of the first things that happens after someone passes is the signing and delivery of a death certificate. But who needs them and how many should you get? Here's the answer.

What Happens & Who is Responsible if a Deceased Person Owes Taxes?

The short answer is that, excluding federal student loan debts, tax burdens don’t magically puff into a cloud of monetary magic and disappear — they are still owed by the “estate” of the deceased, which means you have to file a tax return on their behalf. 

Does an Executor Have to Show Accounting to Beneficiaries? Answer & Expert Advice

The short answer is yes, an executor has to show accounting to beneficiaries if requested, but context is key here.

What if the Executor Does Not Probate the Will? Strategies to Avoid a Complete Mess

Not probating a will can bring a whole host of legal headaches, and it's best to appoint someone who will get the job done if you can't.

Can a Trustee Also Be a Beneficiary? Inheritance Thoughts

Yes, a trustee can also be a beneficiary, but that's far from the full story you need to know. Here's some good advice & a few resources.

Trustor vs. Trustee

A trustor is someone who creates a trust, and a trustee is the person in charge of following the trust's instructions. There's a bit more nuance than that, though.

How to Avoid Probate: Actual Answer + Insider Advice

Can you avoid probate? Should you avoid probate? We've got the insider answers & advice that you usually have to pay a lawyer for.

Testate vs. Intestate: Details on Inheritances, Laws, & More

Whether someone dies testate or intestate has huge implications on how inheritances and the probate process play out. Here's what you need to know.

How Long Does Probate Take? Timeline, Delays, and How to Shorten It

The short answer is anywhere from three weeks to several years, but as you'll see, it really depends.

How to Stop Mail for a Deceased Person in 4 Simple Steps

It can be frustrating and upsetting to continue to receive mail for a deceased person. Here are the steps you can take to keep this from happening.

How Long After Someone Dies Should You Have the Funeral?

Three days? A week? A month? The answer changes depending on a few factors. Here's how to plan a funeral for the right time.

What is an Estate Account? When, Why, and How to Open One

If you're named executor of an estate, you may need to establish an estate account. This might sound complicated, but once you understand the purpose of the account, it’s really not that bad.

Can the Executor of a Will Take Everything? Powers & Restrictions

Asking this question isn't optimistic, but it's important. Here are the powers an executor has.

What Do You Do With Someone’s Stuff After They Die?

Can you just get rid of things? Here are your options and the way to do it correctly.

The Beginner's Guide to Probate 💎

Probate is notoriously confusing. Small estate affidavits, formal vs. simple administration, executors & executrixes— there’s more than enough jargon to make your head spin. We get it, and that’s why we made a probate guide that actually tells you what you need to know without assuming anything. You’ll walk away with a tangible timeline, actionable next steps and real clarity on what probate actually means for you and your family.

What Next of Kin Means For Your Inheritance

"Next of kin" is one of those phrases that seems easy to understand, but it has a very specific legal meaning relevant to inheritance laws. Here's what you need to know.

When are Executors Liable for Estate Debts?

Yes, it is certainly possible for executors to be responsible for debts of the estate. Here’s what to know and how to avoid having that happen.

What is probate?

Probate is the legal process of dissolving someone’s life in the eyes of the state and can often take executors, or surviving family members, months or even years to complete without the right guides, helpful tips & support

How to File a Will in 5 Short Steps

Filing a will is one of the first things people do after someone passes away. Here’s how to do it correctly.

Who Can Be Appointed the Executor a Will: List and Facts

Most people qualify to be the executor of a will, but who qualifies and who would succeed are two different questions to consider.

What is Considered a Small Estate? Values and Context

Small estate is a phrase thrown around a lot during probate. Here’s what that really means and if the estate you’re managing can be considered small.

What You Can and Can’t Pay For With an Estate Account (List)

Executors must keep personal expenses separate from estate account actions. Here’s a list of what they can and can’t pay for.

What to Do When No One Wants to Be the Executor

Having trouble finding someone in your family to be the executor of the estate? The answer may not be what you want to hear.

Notary Fees by State [2023 List]

Notarizations are an important mechanism for deterring fraud, but they come at a cost. Here are the average notary fees and types by state.

Do All Wills Go Through Probate? Step-by-Step Guide

The vast majority of wills and estates will go through probate, but there are some exceptions you should consider as an executor before initiating probate.

Can an Executor Also be a Beneficiary? Short Answer & Context

Executors are often a relative or friend of the deceased, making it likely that they would also be a beneficiary. Here’s why that’s legal and useful.

Do joint bank accounts get frozen after death?

Joint bank accounts are built for flexibility between people, so that means they aren’t frozen after death… right? Covering the real answer, suggestions, tips & more in this quick article.

How Long Can an Estate Stay Open?

While there aren't hard deadlines for closing estates, there are consequences that arise from delaying the process. Here’s how long an estate can really stay open.

Can an Executor Be Reimbursed For Meals?

While executors can be reimbursed by the estate for general travel expenses on behalf of the estate, writing off meals isn’t always the best idea.

Can an Executor Appoint a Power of Attorney?

While executors can appoint someone with the power of attorney, it is often a less useful and riskier option than assigning a resident process agent.

How long do you have to file probate after death?

Filing for probate can be a daunting task, by not doing it on time could cause headaches like forfeiting your right to be the executor, not being able to take or give away anything owned by the estate, and slowing down the inheritance process.

Can an executor benefit from a will?

Yes. Executors can be beneficiaries and get paid for their work from the estate, therefore benefiting from a will. This is extremely common and normal during the probate process.

Can an Executor Refuse to Sell a House?

An executor can only refuse to sell a house if that refusal is aligned with what the will or local intestacy laws say. They cannot go against the will or law, otherwise, they can be forced by the probate court to take action or be criminally charged.

What Information Do You Need For a Death Certificate?

The information you need to get a death certificate will depend on your state, but most require proof of identity, last address of the deceased, and more.

Can an Executor Withdraw Money from an Estate Account

Executors often withdraw funds from the estate account to pay off taxes, pay estate debts, and distribute inheritances to beneficiaries.

Can an Executor Sell a Property?

As long as the executor is following the directions of the will or intestacy laws, selling a property is a common part of the estate settlement and probate processes.

Can an executor sell personal property

One question we're frequently asked is whether an executor can sell personal property — here's the real answer, situational caveats & full breakdown to settle this once and for all.

How Long to Keep Tax Returns After Death?

Losing a loved one creates quite the paper trail — tax documents, legal documents, probate court forms... here's a helpful guide for knowing exactly how long these files need to be kept.

How to File a Petition for Probate in 6 Simple Steps

Filing petition for probate is one of the first things you do after someone passes, and after approval courts give executors the authority to settle an estate.

How to Inherit an IRA: Exact Steps, Resources, and Tax Context

Inheriting an IRA can be a life-changing influx of cash, but you risk losing up to half of it if you don't play your cards right. Here's how to be smart about it.

6 Steps to File Notice to Creditors During Probate (and Not Go Bankrupt)

Something every executor, executrix, or personal representative needs to do during probate is “file notice to creditors”. This is the formal act of raising your hand, saying, “Hi. If the estate owes you something, ask for it."

Free Probate Help: 52 Tools and Resources For Every Estate and Budget

Free probate help isn't hard to find if you know where to go. Here are the best probate tools and resources to get you through the estate settlement process.

Intestacy Laws

Intestacy laws are what govern inheritances when someone dies intestate, or without a will.

Ancillary Estate

Payable On Death (POD) Account

Payable On Death Accounts, or PODs, are unique checking or savings accounts where the owner has designated a beneficiary to receive the assets upon death.

Residuary Estate

A residuary estate is any part of the testator's estate that is not specifically gifted to a beneficiary in the will.

Domicile

Domicile has widespread implications on how inheritances and probate processes play out. Here's what you need to know.

Resident Process Agent

A resident process agent is someone an executor appoints to facilitate legal communication and proceedings between a probate court and the executor.

Contingent Beneficiary

Decedent

Decedent is just a fancy way of saying deceased, but there's some more you should know than that.

Transfer on Death (TOD) Account

Transfer on Death accounts, or TODs, are any brokerage accounts, securities, or stocks where the owner has designated a beneficiary upon death.

Letters Testamentary

Fiduciary

A fiduciary is any individual or organization who has an ethical and sometimes legal obligation to act in someone else’s best interest.

Probate Lawyer

Probate lawyers are a subset of trust & estates attorneys and are qualified to offer legal advice to those navigating the probate & estate settlement process.

Out-of-State Executor

Out-of-state executors are any executors, executrices, or personal representatives living in a state outside of the one they are serving in.

Right of Survivorship

Right of survivorship lets property in some ownership types automatically pass to the surviving party. This means this asset can bypass probate and should not be counted as a “probate asset”.

Death Notice

Death notices are formal announcements of a death typically published in the local newspaper where the deceased lived.

Beneficiary

Petition for Probate

The Atticus team breaks down what Petition for Probate means, gives examples of it in the real world, and shows you where to get the right form.

Letters of Administration

Letters of administration are the legal documents in probate that give people the legal authority to access and manage an estate’s assets after someone passes away.