Probate Checklist: Your Complete Step-by-Step Guide

How to Use This Checklist

Settling an estate involves dozens of individual tasks spread across months or even years. It is easy to feel overwhelmed, especially while grieving. This checklist breaks the entire probate process into six clear phases, each with specific action items, required documents, estimated timelines, and common mistakes to watch out for.

You do not need to complete everything in perfect order. Some tasks overlap, and timelines vary by state. But having a structured roadmap helps ensure nothing falls through the cracks.

A note on timelines: The estimates below reflect a typical probate case. Your timeline may be shorter if your state offers simplified procedures for smaller estates, or longer if the estate involves contested issues, multiple jurisdictions, or complex assets. For a deeper look at what affects probate duration, see our guide on how long probate takes.

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Phase 1: Immediate Steps (Week 1-2)

The first two weeks after a loved one passes involve urgent, time-sensitive tasks. These lay the groundwork for everything that follows. For a focused look at the most critical early actions, see our guide on 5 things to do immediately after a loved one passes.

Step 1: Obtain Certified Death Certificates

Order 10 to 15 certified copies of the death certificate. Nearly every institution you deal with, including banks, insurance companies, the court, government agencies, and brokerage firms, will require their own certified copy. Ordering extras now is far easier and cheaper than requesting additional copies later.

Where to get them: The funeral home typically handles the initial order. Additional copies can be requested from your county vital records office or your state's department of health.

Step 2: Locate the Original Will and Estate Planning Documents

Find and secure the following documents:

• Original will (required for court filing; photocopies are generally not accepted)
• Any codicils (amendments to the will)
• Trust documents (revocable living trusts, irrevocable trusts)
• Power of attorney documents (these expire at death but help identify the deceased's intentions and advisors)
• Letter of intent or memorandum of personal property (informal documents indicating wishes for specific items)

Where to look: Home safe or filing cabinet, safe deposit box, the deceased's attorney, county courthouse (some states allow wills to be filed for safekeeping), and digital document storage.

Step 3: Secure the Deceased's Property

Protect estate assets immediately:

• Change locks on the residence if keys are unaccounted for
• Secure valuables such as jewelry, cash, firearms, and collectibles
• Ensure homeowner's insurance and auto insurance remain active
• Collect mail and redirect if necessary
• Note the contents of any safe deposit boxes (do not remove items until you have legal authority)

Step 4: Notify Key Parties

Begin contacting the following:

• Family members and beneficiaries named in the will
• The deceased's employer (final paycheck, benefits, life insurance)
• Social Security Administration (to stop benefit payments and inquire about survivor benefits)
• Veterans Affairs (if the deceased was a veteran)
• Insurance companies (life insurance, health insurance, auto, homeowner's)
• Banks and financial institutions (to prevent unauthorized transactions)

Common mistake to avoid: Do not close bank accounts prematurely. You will need at least one account to remain open for managing estate finances until you establish a dedicated estate account.

Documents needed for this phase:

• Death certificates (certified copies)
• Your photo identification
• The original will (if available)
• Proof of your relationship to the deceased (for Social Security and VA notifications)

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Phase 2: Court Filing and Executor Appointment (Weeks 2-6)

This phase establishes your legal authority to act on behalf of the estate. Until the court formally appoints you, you have very limited power to manage estate assets.

Step 5: File the Probate Petition

File the petition for probate at the county courthouse in the jurisdiction where the deceased lived. If the deceased owned real property in other states, you may need to open ancillary probate in those states as well.

Documents you will need:

• Original will (and any codicils)
• Certified death certificate
• Completed probate petition form (available from your county clerk or court website)
• List of known heirs and beneficiaries
• Filing fee payment (typically $50 to $1,200 depending on your state and county)

Step 6: Attend the Court Hearing

Most states schedule a hearing within 2 to 4 weeks of the petition filing. At this hearing:

• The judge reviews the will for validity
• Interested parties may raise objections
• If everything is in order, the court admits the will to probate and formally appoints you as executor

Once appointed, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). This document is your proof of legal authority. You will need certified copies of it for nearly every transaction going forward.

Tip: Request at least 5 to 10 certified copies of your Letters Testamentary. Banks, title companies, and financial institutions will each want their own copy.

Step 7: Post a Bond (If Required)

Some courts require the executor to post a surety bond, which protects beneficiaries and creditors in case the executor mishandles estate funds. The will may waive this requirement. If a bond is required, the cost is typically a small percentage (0.5% to 1%) of the estate's value, paid from estate funds.

Step 8: Publish Notice to Creditors

Most states require you to publish a legal notice in a local newspaper informing potential creditors that probate has been opened. This notice starts the clock on the creditor claim period, which varies by state:

• Short-period states (3 to 4 months): Arizona, Colorado, Florida, and others
• Medium-period states (4 to 6 months): Many states including California, New York, and Illinois
• Long-period states (6 to 12 months): South Carolina, some others

You must also send direct written notice to all known creditors. Failing to notify known creditors properly can leave you personally liable for their claims.

Common mistake to avoid: Do not skip the published notice even if you believe all creditors are known. The publication creates a legal deadline after which unknown creditors lose their right to make claims. Without it, the estate may remain exposed to creditor claims indefinitely.

Documents needed for this phase:

• Letters Testamentary or Letters of Administration (certified copies)
• Proof of published creditor notice (affidavit of publication from the newspaper)
• Bond documentation (if required)
• Court order admitting the will to probate

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Phase 3: Asset Discovery and Inventory (Months 1-4)

With your legal authority established, you can now access accounts, collect information, and build a complete picture of what the estate contains. For a detailed walkthrough of this process, see our estate inventory checklist.

Step 9: Obtain an EIN for the Estate

Apply for an Employer Identification Number (EIN) from the IRS. This is the estate's tax identification number, separate from the deceased's Social Security Number. You will need it to open an estate bank account and to file estate tax returns.

How to apply: File IRS Form SS-4 online at irs.gov. The process is free and you receive the EIN immediately.

Step 10: Open an Estate Bank Account

Open a dedicated checking account in the name of the estate using your EIN and Letters Testamentary. All estate income should be deposited here, and all estate expenses paid from here. Never commingle estate funds with your personal funds.

This account will be used for:

• Depositing estate income (rent, dividends, final paychecks, insurance proceeds)
• Paying estate debts, taxes, and administrative expenses
• Paying executor compensation
• Making distributions to beneficiaries

Step 11: Inventory All Assets

Systematically identify and document every asset. Work through each category:

• Real estate: Primary residence, vacation homes, rental properties, vacant land, mineral rights
• Financial accounts: Checking, savings, CDs, brokerage accounts, mutual funds
• Retirement accounts: 401(k)s, IRAs, pensions, annuities
• Insurance policies: Life insurance, annuities (note which have named beneficiaries)
• Vehicles: Cars, boats, motorcycles, RVs, trailers
• Business interests: Sole proprietorships, partnerships, LLCs, corporate shares
• Personal property: Jewelry, art, antiques, collectibles, firearms, electronics
• Digital assets: Cryptocurrency, domain names, online businesses, loyalty points
• Money owed to the deceased: Tax refunds, final paycheck, outstanding loans, security deposits

Where to find hidden assets: Review the past 3 years of tax returns carefully. Interest income reveals bank accounts. Dividend income reveals investments. Schedule K-1 forms reveal business interests. Mortgage interest deductions reveal real estate. Also monitor the deceased's mail for 3 to 6 months, as statements and correspondence will surface accounts you may not have known about.

Step 12: Obtain Appraisals

Many assets require a professional appraisal to establish fair market value as of the date of death. This valuation matters for:

• Court-required inventory filings
• Estate tax returns (if applicable)
• Establishing the stepped-up cost basis for beneficiaries (important for future capital gains calculations)
• Fair distribution among beneficiaries

Assets that typically need professional appraisal include real estate, business interests, valuable collections, antiques, and fine art. Financial accounts and publicly traded securities can usually be valued using account statements and market data from the date of death.

Step 13: File the Inventory with the Court

Most states require the executor to file a formal inventory with the court within 60 to 90 days of appointment, though some states allow up to 6 months. The inventory lists every probate asset and its appraised value.

Common mistake to avoid: Do not undervalue assets to reduce potential estate taxes. The IRS can challenge valuations, and an artificially low appraisal can also shortchange beneficiaries who receive a lower stepped-up basis, costing them more in capital gains taxes when they eventually sell the asset.

Documents needed for this phase:

• EIN confirmation letter from the IRS
• Estate bank account documentation
• Asset appraisals and valuations
• Court inventory form (varies by state)
• Account statements as of the date of death
• Property deeds, vehicle titles, and insurance policies
• Prior year tax returns (3 years)

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Phase 4: Debt Settlement and Tax Filings (Months 3-9)

This phase often takes the longest because you must wait for the creditor claim period to expire before making final distributions. It also involves some of the most consequential financial decisions of the entire process.

Step 14: Review and Resolve Creditor Claims

As claims come in during the creditor notice period:

1. Review each claim carefully. Not all claims are legitimate.
2. Verify the debt. Request documentation from the creditor.
3. Accept valid claims and add them to the list of debts to be paid.
4. Dispute invalid or inflated claims in writing. If the creditor disagrees, the matter may go before the court.
5. Understand the priority order. If the estate cannot pay all debts, state law dictates which creditors get paid first. Typically the order is: funeral expenses, administrative costs, tax obligations, secured debts, then unsecured debts.

Common mistake to avoid: Do not pay creditors out of personal funds or prioritize debts based on who contacts you most aggressively. Follow your state's statutory priority order. And never distribute assets to beneficiaries until you are confident all legitimate debts can be covered.

Step 15: Pay Ongoing Estate Expenses

While probate is open, the estate continues to incur costs. Pay these from the estate bank account:

• Mortgage payments, property taxes, and insurance premiums on real estate
• Utility bills for estate-owned properties
• Storage fees for secured personal property
• Professional fees (attorney, accountant, appraiser)
• Court fees and publication costs
• Executor compensation (if you are taking it)

Keep meticulous records and receipts for every payment. You will need them for the final accounting.

Step 16: File the Deceased's Final Income Tax Return

The deceased's final Form 1040 covers January 1 through the date of death. It is due on the normal April 15 deadline following the year of death (or the next business day). If the deceased had a spouse, a joint return may be filed for the full year.

Key points:

• Report all income earned through the date of death
• Claim any deductions and credits the deceased was entitled to
• Report medical expenses paid within one year of death (these can be deducted on either the final income tax return or the estate tax return, but not both)
• Include any income in respect of a decedent (IRD) items if received before death

Step 17: File Estate Income Tax Returns (Form 1041)

If the estate earns more than $600 in income during the probate period (from interest, rent, dividends, or capital gains on sold assets), you must file IRS Form 1041, the estate income tax return. This is due on April 15 of the year following the tax year, just like an individual return.

The estate is a separate taxpayer with its own tax brackets. Income that is distributed to beneficiaries during the year is deductible by the estate and reported on the beneficiaries' personal returns via Schedule K-1.

Step 18: File an Estate Tax Return (If Required)

For 2026, the federal estate tax exemption is $15 million per individual (raised by the One Big Beautiful Bill Act). Estates below this threshold do not owe federal estate tax. However, some states impose their own estate or inheritance taxes at significantly lower thresholds.

If the estate exceeds the federal or state threshold, file IRS Form 706 within 9 months of the date of death (a 6-month extension is available).

Even if no estate tax is owed, filing Form 706 may be worthwhile to establish the portability of the unused exemption for a surviving spouse.

Common mistake to avoid: Do not assume estate taxes are not your concern simply because the federal exemption is high. Twelve states and the District of Columbia impose their own estate taxes, and six states impose inheritance taxes, some with exemption thresholds as low as $1 million. Check your state's specific rules.

Documents needed for this phase:

• Creditor claims and your responses
• All receipts and records of estate expenses
• Deceased's prior year tax returns
• W-2s, 1099s, and other income documents for the year of death
• IRS Form 1040 (final individual return)
• IRS Form 1041 (estate income tax return)
• IRS Form 706 (estate tax return, if applicable)
• State tax returns as required

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Phase 5: Asset Distribution (Months 6-14)

Once debts are settled, taxes are filed, and the creditor claim period has expired, you can begin distributing assets to beneficiaries. This is the phase most beneficiaries have been waiting for, but it is important to proceed carefully.

Step 19: Prepare a Distribution Plan

Before distributing anything, create a detailed plan:

1. Review the will's instructions to confirm who receives what
2. Calculate the residuary estate (total assets minus debts, taxes, and expenses)
3. Identify specific bequests (particular items left to particular people)
4. Determine how the remainder will be divided among residuary beneficiaries
5. Account for any advancements or loans the deceased may have made to beneficiaries during their lifetime

If the deceased died without a will, distribution follows your state's intestate succession laws, which determine who inherits based on their relationship to the deceased.

Step 20: Transfer Property Titles

Different types of assets require different transfer procedures:

• Real estate: File a new deed (executor's deed or personal representative's deed) with the county recorder's office
• Vehicles: Transfer the title through the state DMV using the Letters Testamentary and death certificate
• Financial accounts: Work with each institution to transfer or close accounts, providing Letters Testamentary and beneficiary information
• Stocks and bonds: Contact the transfer agent or brokerage firm to re-register securities in the beneficiary's name
• Business interests: Follow the operating agreement or partnership agreement for transfer procedures

For real estate in states other than the one where probate was opened, you will need to use the ancillary probate proceedings to transfer title.

Step 21: Make Distributions and Obtain Receipts

As you distribute each asset or payment:

1. Document every distribution with a written record of what was distributed, to whom, and on what date
2. Obtain signed receipts from each beneficiary acknowledging what they received
3. Get signed releases if possible, in which beneficiaries acknowledge they have received their full share and release you from further claims

Consider holding back a reserve (typically 5% to 10% of the estate value) for unexpected expenses, final tax adjustments, or claims that may surface. You can distribute the reserve once the estate is fully closed.

Common mistake to avoid: Do not distribute assets before the creditor claim period has expired and all known debts and taxes are paid. If you distribute too early and the estate cannot cover a later-discovered obligation, you may be held personally liable for the shortfall.

Documents needed for this phase:

• Final distribution plan
• Executed deeds for real property transfers
• Vehicle title transfer documentation
• Beneficiary receipts and releases
• Account transfer confirmations from financial institutions

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Phase 6: Closing the Estate (Months 9-18)

The final phase involves wrapping up all loose ends, preparing a comprehensive accounting, and getting the court's approval to formally close the estate.

Step 22: Prepare the Final Accounting

The final accounting is a detailed report of everything that happened during probate. It includes:

• All assets identified and their values
• All income received by the estate during probate
• All debts and expenses paid (with supporting documentation)
• Executor compensation taken
• All distributions made to beneficiaries
• The remaining estate balance (which should be zero or very close to it)

This accounting must be thorough and accurate. Beneficiaries have the right to review it and raise objections. A well-documented accounting protects you from future claims of mismanagement.

Step 23: File the Final Accounting with the Court

Submit the final accounting to the probate court along with a petition to close the estate. The court will review the accounting and may schedule a hearing. If no objections are raised, the court approves the accounting and issues an order closing the estate.

Step 24: Obtain a Discharge

Once the court approves the final accounting and closes the estate, request a formal discharge releasing you from your duties and liabilities as executor. This document protects you from future claims by beneficiaries or creditors related to your handling of the estate.

Step 25: Final Administrative Tasks

Tie up remaining loose ends:

• Close the estate bank account once all checks have cleared
• Cancel any remaining subscriptions or services in the deceased's name
• File a change of address to forward any remaining mail to yourself (as former executor) for a period of time
• Retain estate records for at least 3 to 7 years after the estate closes (in case of tax audits or legal questions)
• Notify the court of your new address if you move, in case any post-closing matters arise

Common mistake to avoid: Do not forget to formally close the estate with the court. Some executors complete all the practical work but never file the final paperwork. An estate that is never formally closed can create legal complications for years, and the executor remains technically liable until discharge.

Documents needed for this phase:

• Final accounting report
• Petition to close the estate
• Court order approving the accounting and closing the estate
• Formal discharge of the executor
• All retained estate records for long-term storage

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Probate Checklist Quick Reference

Here is a condensed version of the complete checklist for quick reference:

Phase 1: Immediate Steps (Week 1-2)

• [ ] Order 10-15 certified death certificates
• [ ] Locate the original will and estate planning documents
• [ ] Secure the deceased's property and valuables
• [ ] Notify family, beneficiaries, employers, and government agencies

Phase 2: Court Filing (Weeks 2-6)

• [ ] File the probate petition with the county court
• [ ] Attend the court hearing
• [ ] Obtain Letters Testamentary (request multiple certified copies)
• [ ] Post a surety bond if required
• [ ] Publish notice to creditors in a local newspaper
• [ ] Send direct written notice to all known creditors

Phase 3: Asset Discovery (Months 1-4)

• [ ] Apply for an EIN from the IRS
• [ ] Open a dedicated estate bank account
• [ ] Inventory all assets across every category
• [ ] Obtain professional appraisals for real estate, businesses, and valuables
• [ ] File the inventory with the court

Phase 4: Debts and Taxes (Months 3-9)

• [ ] Review, verify, and resolve all creditor claims
• [ ] Pay ongoing estate expenses from the estate account
• [ ] File the deceased's final income tax return (Form 1040)
• [ ] File estate income tax returns if applicable (Form 1041)
• [ ] File an estate tax return if applicable (Form 706)

Phase 5: Distribution (Months 6-14)

• [ ] Prepare a detailed distribution plan
• [ ] Transfer property titles, vehicle registrations, and account ownership
• [ ] Make distributions and obtain signed receipts and releases
• [ ] Hold a reserve for unexpected expenses

Phase 6: Closing (Months 9-18)

• [ ] Prepare the final accounting
• [ ] File the final accounting and petition to close with the court
• [ ] Obtain a formal discharge as executor
• [ ] Close the estate bank account and handle final administrative tasks
• [ ] Retain records for 3-7 years

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Common Mistakes That Delay Probate

Across all phases, these are the errors that most commonly cause delays, extra costs, or legal trouble:

1. Distributing assets before all debts and taxes are paid. This is the single most consequential executor mistake. If the estate runs short, you may be personally liable.
2. Poor record keeping. Every transaction, every receipt, every communication should be documented. The final accounting will require comprehensive records, and beneficiaries can challenge anything that is not well documented.
3. Failing to communicate with beneficiaries. Silence breeds suspicion. Regular updates, even brief ones that simply say "things are progressing," go a long way toward maintaining trust and preventing disputes.
4. Missing court deadlines. Inventory filings, tax returns, and notice periods all have deadlines. Missing them can result in penalties, removal as executor, or personal liability.
5. Commingling personal and estate funds. Always keep estate money in the dedicated estate account. Even temporarily using estate funds for personal purposes, even if you intend to repay them, can be grounds for removal and liability.
6. Trying to increase the estate's value through risky investments. The executor's duty is to preserve estate assets, not grow them. Conservative management is the legal standard in most states.
7. Forgetting to formally close the estate. Until the court issues a closing order and you receive your discharge, you remain legally responsible.

How SwiftProbate Can Help

This checklist gives you the roadmap. SwiftProbate gives you the turn-by-turn directions.

When you enter your estate's specific details, including the state, asset types, family situation, and whether there is a will, SwiftProbate generates a personalized task list tailored to your exact circumstances. Instead of a generic checklist, you get specific action items with the forms you need, the institutions to contact, the deadlines that apply in your state, and the order in which to tackle everything.

The executor role is demanding, but it does not have to be disorganized. SwiftProbate helps you move through each phase with confidence, so you can focus on what matters most: taking care of your family and honoring your loved one's wishes.