First 60–90 Days After a Death: Handling Probate and Non-Probate Transfers

In the first weeks after a death, most families are balancing grief with practical tasks. This plain-English guide walks through what typically happens in the first 60–90 days: what to collect, how to decide whether probate is needed, how notices to creditors work, how to handle non-probate transfers, and which steps to take before paying bills. Laws and timelines vary by state, and the exact order can differ based on the will, the types of assets involved, and family circumstances. Use this as a roadmap to stay organized and reduce avoidable risk.

“Probate” is the court process to validate a will (if there is one), appoint a personal representative (sometimes called an executor), identify and value assets, notify creditors, address debts, and distribute what remains according to the will or, if there is no will, state intestacy law. Not every estate requires probate. Many assets transfer outside probate by beneficiary designation, joint ownership with right of survivorship, transfer-on-death or payable-on-death (TOD/POD) designations, or through a funded trust. For related guidance, see Coordinating Your Will With Non-Probate Transfers.

Because procedures and deadlines differ by state, and because missteps early on can create delays, it is often helpful to speak with counsel about the right path for the estate at the outset. For related guidance, see What are "Probate Assets" vs. "Non-Probate Assets"?.

Days 1–14: Immediate Steps and Document Gathering

The first two weeks are about safety, securing information, and laying the foundation for whatever process comes next.

Obtain death certificates. Request multiple certified copies. Financial institutions, insurers, and the court often require originals.
Locate the original will and any trust documents. Check home files, safes, safe deposit boxes, and digital vaults. Note any codicils (amendments) or trust restatements.
Secure the residence and property. Lock doors, forward or collect mail, and safeguard vehicles, keys, and valuables. Keep a simple inventory of what you secure.
Identify immediate dependents and pets. Arrange short-term care and access to funds for essential needs.
Gather identification and key documents. Driver's license, Social Security number, marriage certificate, military records, property deeds, titles, prior tax returns, and business records.
Collect account information. Bank and investment statements, retirement accounts, life insurance, annuities, digital assets, cryptocurrency wallets, and online accounts that hold value or bills.
List regular bills and services. Mortgage or rent, utilities, insurance premiums, subscriptions, storage units, and home maintenance. Do not cancel essential coverage (like homeowners insurance) without a transition plan.
Preserve digital access appropriately. Do not impersonate the decedent online; instead, document the accounts and credentials you have and be ready to provide death certificates to institutions.

At this stage, avoid distributing any property or making large payments until it is clear who has legal authority and what the estate's obligations will be.

Days 15–30: Is Probate Needed? Understanding Probate vs. Non-Probate Assets and Selecting the Proper Path

The next step is to determine whether probate is required and, if so, which type of process applies in your state. Many states offer simplified procedures for smaller estates or for estates consisting largely of non-probate assets. Because standards differ widely, confirm requirements in the state where the decedent lived.

What typically goes through probate

Assets held in the decedent's sole name without a beneficiary designation (for example, a bank account solely in the decedent's name).
Real estate titled only in the decedent's name, unless a transfer-on-death deed or similar non-probate transfer applies.
Personal property and business interests not otherwise directed by contract or title.

What typically passes outside probate

Beneficiary-designated accounts: Life insurance, retirement accounts (401(k), IRA), annuities, and some brokerage accounts with transfer-on-death instructions.
POD/TOD accounts: Bank and investment accounts with payable-on-death or transfer-on-death designations.
Jointly owned property with survivorship rights: Many joint bank accounts and some real estate titles include survivorship.
Trust assets: Property properly titled to a revocable living trust or other trust typically avoids probate and is handled under the trust's terms.

How to select the path

Make a working inventory noting how each asset is titled and whether a beneficiary is named.
Compare the total probate-asset value to any small-estate thresholds in the state. If the estate is below the threshold, a simplified process may be available.
Consider real estate location. Property in another state may require an additional process in that state (often called ancillary probate).
Review debts and claims exposure. Estates with significant creditors may benefit from opening probate promptly to start creditor timeframes (where applicable by state law).

When in doubt, pause before acting. Once funds are released or property is transferred, it can be difficult to unwind mistakes if probate is later required.

Days 30–60: Opening the Estate, Court Filings, Personal Representative Duties, and Notices to Creditors

If probate is needed, the next 30 days often involve initiating the court process and establishing authority to act.

Opening the estate

File the will (if any) with the appropriate court and petition for appointment of a personal representative. If there is no will, you may petition for appointment under the state's intestacy laws.
Obtain official appointment documents (often called letters of authority or letters testamentary/administration). Financial institutions typically require these to release information or funds.
Post bond if required by the court or by the will. Requirements vary by state and by the terms of the will.

Duties of the personal representative in the early period

Secure and safeguard estate assets. Maintain insurance, change locks if appropriate, and document property condition.
Notify key parties. Heirs and devisees should receive notice as required by the court rules in the state.
Set up estate accounting. Track receipts, payments, and asset values from day one. Keep estate funds separate from personal funds.
Order appraisals for real property or unique items where valuation matters for inventory, tax, or sale decisions.

Notices to creditors

Publish or deliver statutory notice if your state requires public notice to creditors after appointment. Some states require publication; others require direct notice to known creditors; some require both.
Calendar creditor claim periods carefully. Timeframes and procedures for filing, reviewing, and disputing claims are set by state law and court rules.
Do not pay disputed or uncertain debts prematurely. The claim process exists to validate or challenge claims within the allowed period.

Proper notices can shorten the window for claims in some states, which can help move the process forward. Failing to follow notice rules can expose the estate or the personal representative to avoidable issues.

Handling Non-Probate Transfers: Beneficiary Accounts, POD/TOD, Life Insurance, Joint Property, and Trust Administration

Many families can complete a significant portion of transfers without court involvement, provided title and beneficiary paperwork is in order.

Beneficiary and POD/TOD accounts

Contact the institution's beneficiary claims department. Request claim forms and ask what documentation is required (typically a certified death certificate and identification for the beneficiary).
Confirm the date-of-death value. Keep statements showing balances on the date of death for tax and accounting purposes.
Coordinate with the estate. Even though these assets avoid probate, beneficiaries sometimes choose to contribute toward estate expenses. Do not commingle funds; handle any contributions with clear documentation.

Life insurance and annuities

File claims promptly using the carrier's forms. Verify whether beneficiaries are individual(s), a trust, or the estate.
Watch for contingent beneficiaries. If a primary beneficiary has died, the policy may pay to a contingent beneficiary or to the estate.

Joint property with survivorship

Obtain direction from the title holder or recorder's office for updating title to the surviving owner. Some states allow an affidavit of survivorship with a death certificate.
Confirm the type of joint ownership. Not all joint titles include survivorship, and rules vary by state. Do not assume.

Trust administration

Follow the trust's terms. The successor trustee, not the personal representative, usually handles trust assets.
Provide required notices to beneficiaries if the trust or state law calls for them.
Prepare a trust asset inventory and accounting separate from the probate estate, even if the same person is serving in both roles.

If you are preparing to open probate, send creditor notices, or coordinate beneficiary and trust transfers, speak with our firm about representation. To discuss hiring counsel and map out the first 60–90 days, call 414-253-8500 or use our contact form. We can help you structure the filings, notices, and non-probate transfers in the right order for your situation.

Paying Estate Expenses, Protecting Assets, and Tracking Claims Without Jumping Ahead of Court Authority

It is natural to want to pay bills quickly. However, paying the wrong creditor at the wrong time can create problems if the estate later turns out to be insolvent or if a claim is invalid. The goal in the early months is to maintain the estate while preserving options.

General guidelines

Prioritize preservation costs. Insurance premiums on estate property, basic utilities to protect the home, and secure storage may be reasonable to maintain value.
Hold off on discretionary payments. Avoid paying general unsecured debts until the personal representative is appointed and a plan is in place under state law.
Document everything. Keep copies of invoices, proof of payment, and the reason for each expense. Use estate funds once an estate account is open; avoid using personal funds when possible.
Respect the claim process. If a creditor files a claim, review it within the required timeframe and accept or dispute it according to the state's procedures.
Be cautious with funerals. Funeral expenses are commonly recognized, but the amount and priority are subject to state law and estate solvency. Keep invoices and contracts.

Property sales and distributions

Do not distribute assets early unless you are certain the estate will remain solvent after debts, taxes, and costs. Early distributions can require reimbursement later.
Get authority before selling major assets. Court approval may be required in some states or under the will's terms.

Taxes and Reporting: EIN, Final Returns, and Estate Account Basics in the Early Months

Early tax steps help keep the estate organized and prevent delays with financial institutions.

Obtain an Employer Identification Number (EIN) for the estate from the IRS after appointment. Financial institutions will use this on the estate account.
Open a dedicated estate bank account. Deposit estate income and proceeds from estate sales into this account. Do not commingle with personal or beneficiary funds.
Collect date-of-death values. Statements and appraisals help establish basis for tax purposes and support inventory filings required by many courts.
Track income received after death. Interest, dividends, rent, or business income received by the estate or trust may require fiduciary income tax filings.
Coordinate final personal income tax filings. The decedent's final individual return may be due the following tax season. State requirements vary.
Review potential estate or inheritance taxes. Thresholds and rules differ by jurisdiction; most estates are below federal thresholds, but confirm whether state-level taxes apply.

When to Seek Legal Help: Triggers Such as Disputes, Unclear Titles, Missing Beneficiaries, Business Interests, or Real Estate in Multiple States

Many estates are straightforward, but certain issues warrant counsel early to prevent costly detours.

Disputed wills or questions about validity. Handwritten notes, missing signatures, or allegations of undue influence or lack of capacity.
Unclear or conflicting titles. Real estate without clear survivorship, vehicles with liens, or assets titled differently than expected.
Missing or incapacitated beneficiaries. Locating heirs, handling minors or special needs beneficiaries, or navigating disclaimers.
Business interests. Ownership in an LLC, corporation, or sole proprietorship, including buy-sell obligations and continuity issues.
Property in more than one state. Ancillary proceedings and varying local requirements.
Insolvent or near-insolvent estates. Prioritizing claims and managing risk for the personal representative.
Trust administration questions. Coordinating trust and probate accountings, notices, and distributions.

If any of these situations apply, or if you simply want a structured plan for the first 90 days, we are available to discuss representation and next steps.

Putting the First 60–90 Days Together: A Practical Timeline

Weeks 1–2

Secure property, obtain death certificates, locate the will and any trust, and gather account information.
List assets and how each is titled; identify beneficiary designations.

Weeks 3–4

Decide whether probate is required based on asset titling and state rules.
Prepare initial filings to open the estate if probate appears necessary; assemble names and addresses for heirs and beneficiaries.
Begin claim packets for life insurance and beneficiary accounts; do not transfer or spend proceeds until you confirm coordination with the estate plan.

Weeks 5–8

Obtain letters of authority after appointment; secure or update insurance; arrange valuations.
Open the estate account and apply for an EIN.
Issue creditor notices as required by your state; set a claims calendar.

Weeks 9–12

Continue processing beneficiary and POD/TOD claims; track date-of-death values.
Review and organize creditor responses; plan for allowable and disputed claims.
Prepare initial inventory and accounting documentation for the court, if required in your jurisdiction.

This timeline is a guide. Your state's procedures may require a different cadence, and certain estates move faster or slower depending on complexity.

Common Questions in the First 90 Days

Do all estates have to go through probate, or can some skip it?

No. Many estates avoid probate in whole or in part because assets pass by beneficiary designation, joint ownership with survivorship, TOD/POD designations, or through a funded trust. Some states also allow simplified procedures for smaller estates. The need for probate depends on how assets are titled and your state's thresholds and rules.

What bills can be paid before a personal representative is officially appointed?

It is best to minimize payments until someone has legal authority. Necessary preservation costs such as insurance and basic utilities may be reasonable to protect estate property, but large or discretionary payments should typically wait. Because priorities and creditor rules vary by state, obtain guidance before paying general debts.

How long do creditors have to file claims, and what happens if a claim is disputed?

Claim deadlines and notice requirements are set by state law. Some states require publication and direct notice, and the filing window can differ widely. If a claim is filed, the personal representative reviews it and either accepts or disputes it using the process required in that state. Disputed claims may be resolved by negotiation, additional documentation, or court determination.

What if there is no will—who serves and how are assets distributed?

When there is no will, state intestacy law controls both who may serve as personal representative and how assets are distributed among surviving relatives. The court will appoint an eligible person, often based on a statutory priority list. Distribution follows the statute, not personal wishes, so it is important to confirm the applicable rules for the state involved.

What documents should I collect to start probate or non-probate transfers?

Certified death certificates, the original will and any trust, identification documents, recent account statements, property deeds and titles, life insurance policies, beneficiary designations, prior tax returns, and contact information for heirs and beneficiaries. Keep a running inventory listing how each asset is titled and whether it has a named beneficiary.

If you are ready to move forward, we invite you to schedule a consultation to discuss hiring counsel and a clear plan for the next steps. Call 414-253-8500 or reach us through our contact form to speak with our firm about representation for opening the estate, handling notices to creditors, and coordinating non-probate transfers.

Disclaimer: This article provides general information about probate timelines and non-probate transfers in the first 60–90 days after a death. It is not legal advice and does not create an attorney-client relationship. Laws and procedures vary by state, and specific steps and deadlines depend on your circumstances. Consult a qualified attorney about your situation before taking action.

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