To distribute the deceased’s assets the executor can apply to the court for Letters Probate with the assistance of his or her lawyer. We assist our clients who are acting as executors with preparing the necessary forms to apply to the court for probate including various affidavits, lists of assets and liabilities, and notices that must be sent out before the Letters Probate will be granted by the courts. The executor has a responsibility to ensure that the information presented to the court in the application is accurate and complete. Once the executor has obtained the Grant of Letters Probate, he or she then has the authority to distribute the deceased’s estate according to the deceased’s will. However, there are still some steps to be taken before distributing the gifts, including obtaining a release of any claims against you as the executor that the beneficiaries or other family members may have. It is important not to distribute the bulk of the estate assets until you as the executor have confirmed that there are no potential claims against you. We can prepare the appropriate releases and advise you of the risks of distributing the assets before the appropriate releases and authorizations have been granted.
