Closing the Estate: Final Tasks to Close the Estate

31 Monday Jul 2017

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Acting Executor, Attorney, Belligerent Beneficiary, Beneficiaries, Close the Estate, estate, estate account, Estate Income Tax Returns, Estate Reserve, Executor, Final Distribution, Fiscal Year Return, Massachusetts DOR, Massachusetts Schedule 2K-1, Schedule K-1, Short Year Return, Tax Professional

After making the final distribution to the beneficiaries, final tasks remained to close the estate. As mentioned in the article Closing the Estate: Send Assent Forms to Close the Estate, distributing all the funds in the estate account was necessary to close the estate. Unfortunately, after the final distribution, the $5000.00 estate reserve was still part of the estate account. As a result, the final tasks to close the estate were as follows:

Make the final payments to the professionals.

Distribute the remaining funds in the estate reserve to each beneficiary.

Close the estate account.

Although eager to complete the tasks, making another tedious distribution dimmed the mood.

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Closing the Estate: Send Assent Forms to Close the Estate

24 Monday Jul 2017

Posted by Robert Dowling in Estate

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Assent Forms, Attorney, Attorney General, Belligerent Beneficiary, Beneficiary, Close the Estate, Distribution, estate, estate account, Estate Resesrve, Executor, Final Account, Final Accounting, Final Distribution, Inventory of Assets, Massachusetts Probate Court

On October 1, 2013, after completing the final accounting, it was time to get approval to close the estate. As mentioned in the article Closing the Estate: Complete the Final Accounting, the attorney would send assent forms along with the final Inventory of Assets and the Final Account to each beneficiary. If the beneficiaries approved of both documents, they would sign and return the assent form. Moreover, if all assent forms returned signed, this would allow me to start the closing process. Otherwise, any beneficiary wanting to contest the Final Account would notify the attorney of their intentions. So, sending the assent forms for approval from the beneficiaries was really a referendum on the estate administration. As a result, this was an anxious time for me as an executor.

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Setting up the Estate Reserve and the Final Distribution

17 Monday Jul 2017

Posted by Robert Dowling in Probate

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Attorney, Beneficiaries, estate account, Estate Administration, Estate Closing, Estate Reserve, Executor, Final Account, Final Accounting, Final Distribution, Formal Probate Process, Miscellaneous Expenses, probate, Schedule B, Tax Professional, Unexpected Expenses, Will

When completing Schedule B in the final accounting, setting up an estate reserve and the final distribution becomes necessary. As mentioned in the article Closing the Estate: Complete the Final Accounting, Schedule B takes more time to complete than Schedule A. The reason is that the executor has to step out of the final account to complete the following tasks:

Set up an estate reserve that will pay expenses beyond the closing of the estate.
Calculate a final distribution using the remaining funds in the estate account.

Since the estate reserve and the final distribution represent future expenses of the estate, they become part of Schedule B. Also, because the two items are future expenses, planning and estimating future expenses becomes necessary. As a result, the executor may have to delay completing Schedule B for at least a couple of days.

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Closing an Estate in a Formal Probate Process

19 Monday Jun 2017

Posted by Robert Dowling in Probate

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Assent Forms, Attorney, Beneficiaries, Common Estates, Distribution, Estates, Executor, Final Account, Final Distribution, Formal Probate Process, Informal Closing, Inventory of Assets, Partial Distribution, Probate Court, Schedule A, Schedule B, Schedule C, Simplified Probate Process

When closing an estate, some states that use a formal probate process, allow for an informal closing for common estates. These states simplified the probate process for estates that are straightforward; not complicated or contested. Fortunately, Massachusetts is one of those states. In Massachusetts, closing an estate using the simplified probate process involves the following tasks:

Complete a final Inventory of Assets.
Using the Inventory of Assets in the final accounting, complete the final accounting.
Under cover of an assent form, send copies of the Inventory of Assets and the final accounting to each beneficiary.
After receiving the signed assent forms from each beneficiary, the executor must sign the form called Account (MPC853). The signed Account form, with the original Inventory of Assets and final accounting attached, essentially closes the estate.
Make the final distribution to the beneficiaries.

In Massachusetts, the simplified probate process allows straightforward, common estates to avoid the probate court when closing an estate. Instead, the approval of the Inventory of Assets and final accounting from all the beneficiaries informally closes the estate.

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Tag Archives: Final Distribution

Closing the Estate: Final Tasks to Close the Estate

Closing the Estate: Send Assent Forms to Close the Estate

Setting up the Estate Reserve and the Final Distribution

Closing an Estate in a Formal Probate Process