How to Access Estate Assets Not Held by a Living Trust

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1Getting Appointed Executor

2Accessing Estate Assets as the Executor

3Accessing Non-Estate Assets

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Generally, you can only access an estate’s assets if you are named the executor to the estate. Once a person dies, the estate assets are frozen. They only become “unfrozen” when an executor is appointed. You should apply to the court if you want to be appointed as executor. However, you might be able to access non-estate assets if you were named as the beneficiary.

Steps

Part 1

Part 1 of 3:

Getting Appointed Executor

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   Read the will. The decedent can appoint an executor (also called a “personal representative”) in his or her will. This person will serve unless they decline or are otherwise disqualified. Find the decedent’s will and see if someone has been named as the executor.

   • If no one was named, or if no will was created, then the judge will have to appoint someone to serve. You can apply to be that person.
   • If someone was named, but you think they should be disqualified, then you can challenge their appointment. You should speak to an attorney if you want to challenge an executor who was named in a will.
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   Read your state’s requirements. All states set certain requirements for serving as the executor. You should find your state law and read the requirements. Generally, states set the following requirements:

   • They exclude minors and people who are convicted felons.
   • Some states put restrictions on whether people out-of-state can serve as executors. For example, Illinois may require non-residents to post a bond before being appointed. Other states will require that non-residents appoint a resident in-state as an agent to accept legal papers.
   • Some states also create a hierarchy of possible executors. For example, someone might die without a will. The state law will express a preference for who can serve as the executor and will list them in order. In Florida, for example, the order of preference if there is no will is as follows: the surviving spouse, any person selected by a majority of heirs, the heir most closely related to the deceased, any capable person appointed by the court.
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3. 
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   Get the application form. Your court should have an application form or petition you can fill out to be appointed as the personal representative. To find the form, you can stop into the probate court where the deceased lived or check on the court’s website. Search “probate” and the county.

   • Maricopa County, Arizona, for example, has a petition form on their website. You can also download instructions for applying to be the executor.
4. 
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   Complete the application form. Print neatly, using black ink. If you can download the form, then you can often enter information directly into the form and save it as a PDF. Each court’s form will be different. However, they will generally ask for the following:

   • information about the deceased, such as name, address, date of birth, date of death, and Social Security Number
   • your personal information, such as name, address, phone number, and email
   • why you are entitled to be named as the executor under your state’s law
   • the names of contact information for any heirs or beneficiaries
   • whether bond is required
   • your signature
   • a notary’s signature
5. 
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   File the form. After completing the form, make several copies. Take the original, the copies, and the deceased’s will (if there is one) to the clerk’s office and ask to file. The clerk should stamp your copies.

   • You may have to pay a filing fee. Ask the clerk for the amount and acceptable methods of payment.
   • If you can’t afford the fee, then ask for a fee waiver form and fill it out.
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   Notify all interested parties. If you choose to apply to become the executor, you have to give people with an interest in the estate a chance to object to you. In some states, you might want to get them to sign a form stating that they agree with appointing you as the representative.

   • Generally, you will provide notice to anyone who could inherit estate property by sending a copy of your petition using personal service. Either the sheriff or a private process server can hand deliver the copy to the interested party. Check with your court clerk to find acceptable methods of service.
   • You may have to fill out a “Proof of Notice” or “Affidavit of Service” form, which you can also get from the court clerk. Whoever makes service must fill this form out and return it to you. You must then file it with the court.
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   Attend a hearing. You can’t become the executor until the judge holds a hearing. At the hearing, the judge will hear from any family members who disagree with your appointment as executor. If no one disagrees, then the judge will probably appoint you as executor without much questioning.
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   Get the “Letters Testamentary.” These are the papers the court will give you after being named as executor. You might need to show these documents to a bank, business, or government agency before being able to access the assets of the deceased.

   • These documents might also be called “Letters of Administration,” depending on the court.
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Part 2

Part 2 of 3:

Accessing Estate Assets as the Executor

1. 
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   Identify estate assets. As the executor, one of your first duties is to identify all of the estate’s assets so that you can preserve them. You may have to hunt for assets. Most objects in the house probably belong to the deceased, but you shouldn’t stop there. Instead, also check the following:

   • Go through the deceased’s papers and see if he or she rented a storage unit or a safety deposit box.
   • Look at bank statements and other financial records to find savings accounts, retirement accounts, stocks and bonds, etc.
   • Ask other people. If you didn’t live near the deceased, then you might not know the full extent of their possessions. Ask neighbors or close relatives if they know of any property the deceased owned.
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   Collect assets. You may have to collect assets that are in the possession of others. You should take your Letters of Administration or Letters Testamentary and contact the person in possession of the property. For example, you might have to contact the following:

   • A bank. The deceased could have money in a checking or savings account. He or she might also have had a safety deposit box. You should show your Letters to a bank representative. You should be able to gain access to the safety deposit box and to any financial accounts.
   • Someone who has borrowed property. You need to let them know that the deceased has died and that you are collecting the property. If someone resists turning property over, then call the police.
3. 
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   Get access to digital assets. Some assets may exist in digital form. For example, photographers and writers might store their creative works solely in a cloud storage system. In order to gain access, you will need passwords, which you might not be able to find. Even worse, many state’s laws have not allowed executor’s to access digital or online content, even when you possess Letters of Administration.

   • States have begun to individually address this issue. For example, Connecticut and Rhode Island require service providers to admit access to the executor of a deceased’s estate. Several other states, such as Indiana, Idaho, and Oklahoma have also followed suit.
   • Depending on your state, you may have to contact an attorney if your state doesn’t have a law granting the executor access to digital assets. Call your local or state bar association and ask for a referral to a probate attorney.
4. 
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   Keep the assets safe. You need to safeguard the assets until you end up distributing them to beneficiaries. The condition of keeping property safe will depend on the property. For example:

   • You can keep tangible personal property safe by storing it in a secured facility or storing it at the deceased’s house.
   • You can transfer financial assets, such as bank accounts, by transferring them into an estate account you open. You will need a copy of your Letters, death certificate, a taxpayer identification number from the IRS to open an estate account.
   • You might need to do more to safeguard vehicles or real estate. For example, you should safeguard the certificates of title. You also need to make sure that real estate is properly managed, by paying the tax bill, utility bills, etc. Make sure these bills are directed your way as the executor.
   • You may also have to purchase or continue to pay insurance on different assets.
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Part 3

Part 3 of 3:

Accessing Non-Estate Assets

1. 
   1
   Identify common non-estate assets. Some assets never become part of the deceased’s estate. They may also not have been held in a living trust. Some of the more common types of these non-estate assets include:

   • Jointly-owned bank or brokerage accounts. Upon death, the account should remain in the name of the joint owner.
   • Life insurance policies payable to a beneficiary on death of the deceased.
   • Pension or retirement accounts which are payable to named beneficiary, often a spouse.
2. 
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   Contact the executor. If you were named as the beneficiary to non-estate assets, then the executor probably has to notify you and help you gain possession of what you are entitled to. Accordingly, you should contact the executor and ask about non-estate assets you think you were named the beneficiary of.

   • If you don’t know the name of the executor, then stop into the probate court of the county where the deceased lived. You can tell the court clerk that you are looking for the executor of an estate. Probate records should be public, so you can either get a copy of the will or see who was appointed.
3. 
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   Take possession. You may have to contact the insurer to get the proceeds of a life insurance policy. If you are on good terms with the executor, then he or she could help you with this process. For example, the insurer or investment company might want to see a death certificate and other documents.
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