Estate Administration: What It Involves After a Death

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US Records Team shieldWritten by US Records TeamLast reviewed

Estate administration is the work of managing a deceased person's property after death: collecting assets, paying debts and taxes, and passing the remainder to heirs or beneficiaries. The IRS describes the estate as the property belonging to a person who has died, managed by the personal representative until it is distributed.

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Who does it

The IRS uses "personal representative" as the general term, covering both executors (named in a will) and administrators (usually appointed by a court when there is no will, the will names no executor, or the executor cannot or will not serve). The Ventura County Superior Court adds that the role carries a fiduciary duty toward the beneficiaries.

Main tasks

  • Gather the decedent's assets.
  • Pay the decedent's debts and expenses.
  • Get an employer identification number (EIN) for the estate and file required tax returns, according to the IRS.
  • Distribute the remaining property to heirs or beneficiaries.

Documents involved

Banks and insurers often ask for court-issued letters and certified death certificates. USAGov notes that most agencies and programs ask for certified copies of the death certificate.

Frequently asked questions

Is estate administration the same as probate?

Probate is the court-supervised form. Some estates are settled through simplified procedures, and rules vary by state.

Can an executor be held liable?

The IRS says a personal representative can be personally liable for penalties if required returns are not filed on time.

Should I consult a professional?

For legal and tax questions, check with a probate attorney or tax professional. This page is general information.

Sources

US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.

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Written By

US Records Team

The US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.

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US Records is a private service that assists individuals with ordering vital records from government agencies. We are not a government agency. Official vital records may be obtained directly from the issuing government office for free or at a lower cost. Our fees cover the convenience of online ordering, guided assistance, document review, and document filing, to help ensure your order meets agency requirements.