Father passed away. His estate is Intestate - probate. Just wanting to know the legal responsibility for each role.
The admistratrix handles the estate and the attorney she hires represents her. Beyond that, I am not sure what you are asking.
The main responsibilities of the administratrix is to gather all of the deceased's assets that are present in the estate, prepare an inventory, pay taxes and debts of the deceased and pass on the assets to those who are expected to inherit them under the law. The administratrix also has the responsibility to file the deceased's final tax returns. Simply put, the administratrix is in charge of all of the assets in the estate, making sure that they are accounted for and go to the people who are legally entitled to them.
Many people hire an attorney to represent the estate throughout the probate process. This is a very good idea. What role the attorney will play though is entirely up to the administratrix. Many people consult with attorneys for advice throughout probate proceedings on what should be done with estate assets and what has to be filed with the court but choose not to have the attorney actively manage the proceedings by appearing in court or preparing the filings.
I am a licensed Indiana attorney. Any information given here is intended as general information and not legal advice. I am not familiar with the particular laws of every state. You should consult with an attorney licensed in your state or appropriate jurisdiction for legal advice. Any advice given here is not intended to form an attorney-client privilege and should not be considered such.
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