Tag: Executor

Manages the distribution of assets in Probate from an Ohio Will.

Estate Income Tax

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The Executor (or other person charged with the decedent’s property) must file the final tax return for a decedent. This final return is due the year following the date of death. For deaths in 2013, the final return would be due in 2014; provided however, if the decedent did not file their return (which would be likely if the person died in January or February), the Executor must also file the previous year’s return.

In addition to the income realized prior to death, the Executor is also responsible for filing the income taxes after the date of death. This would be on a 1041 and would be for the period following the decedent’s death if that income is above $600.00. Here is a link to the IRS instructions on 1041 filings.

Here is an example: John dies on May 30, 2013. The Executor must file John’s 1040 (as well as any state or local taxes) for the income received from January 1, 2013 – May 30, 2013.  For income received by the Estate after the date of death, the Executor must file a 1041 for the Estate (June 1, 2013 – December 31, 2013).

Naming an Executor

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If you are married, the surviving spouse is typically appointed as the Executor. Similarly, if there is only one beneficiary he or she should also be appointed as the Executor.

An Executor must be at least 18 years old to be appointed by the county Probate court. When creating your Ohio Will, this consideration must be taken into account.

Executor of an Ohio Will

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An Executor is appointed by the local county Probate Court to manage the distribution of assets consistent with the instructions in your Will. Executrix is the female version of an Executor.

This process of administration includes:

–      Collecting all Probate Assets;

–      Creating an Inventory;

–      Paying all expenses (including the funeral bill, court costs, attorney’s fees, estate taxes, and creditor claims) of the Estate;

An Executor is typically compensated for his or her services. Here is a link to calculate the potential executor fee.

Will

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A Will allows you to: Name a Guardian to care for your minor children, Appoint an Executor, and Control the division and final distribution of assets titled in your name.

Naming a Guardian

Appointing a Guardian for your children if you are gone can be a difficult, but very important decision. This individual takes parental control of minor children if both parents are deceased; unless a judge decides the Guardian unfit.

Naming an Executor

Your Will appoints an Executor to oversee the distribution of assets after your life. This individual, along with your Probate Attorney, manages the distribution process.