Probate Checklist: What To Do First After a Death

If you are an executor, personal representative, or next of kin, you may need to act quickly to protect property and start the probate process. This plain-English checklist walks you through early tasks, important documents, and key decision points. Laws and procedures vary by state, and courts may use different terms for similar roles. Use this guide to get organized, then reach out through our contact form to discuss your situation.

Before You Begin: When Probate Is Needed and How Laws Vary by State

Probate is the court process for handling a person's estate after death. Some estates need full probate. Others qualify for simplified or small-estate procedures. The rules depend on the state, the size of the estate, and how assets were titled.

Probate may be needed when: The person owned assets in their name alone without a named beneficiary (for example, a house titled only to the deceased, or bank accounts without payable-on-death designations).
Probate may be limited or avoided when: Assets pass by beneficiary designation (life insurance, retirement accounts), joint ownership with right of survivorship, or assets held in a properly funded trust. Some states offer small-estate affidavits below certain value thresholds.
State rules differ: Deadlines, forms, notice requirements, bond rules, creditor claim periods, and tax procedures vary by state. Courts may also have local rules.
What to do now: Gather basic facts (date of death, place of residence, known assets and debts) and hold off on distributing anything until you understand the process in your state.

Immediate To-Dos in the First 1–2 Weeks (Documents, Death Certificates, Safeguarding Assets)

Focus on security and documentation first. These early steps help protect the estate and prevent loss.

Obtain death certificates: Request multiple certified copies through the funeral home or vital records office. Many institutions require originals.
Secure residences and vehicles: Lock doors and windows, collect spare keys and fobs, safeguard firearms, and consider changing locks if needed. Do not allow items to be removed until an inventory is made.
Protect essential property: Preserve perishable items, attend to pets, and maintain temperature for homes in extreme weather. Consider forwarding mail.
Locate the will and trust documents: Check the home, safe, safe-deposit box, and digital storage. If a safe-deposit box exists, check bank policies for accessing it after death.
Preserve financial information: Gather account numbers, logins (if available), and statements. Do not use the decedent's accounts for payments until you are legally authorized to act.
Maintain essential services: Keep utilities, property insurance, and home maintenance current to avoid damage or lapses in coverage. Notify the insurer of the death and confirm vacancy requirements.
Pause nonessential transactions: Avoid selling, gifting, or disposing of property before probate authority is granted.
Notify key parties: Tell close family, the employer, and any caretakers. Ask the post office to forward mail to a secure address.
Track urgent benefits: Consider time-sensitive matters such as funeral or burial benefits, Social Security notifications, and employer-provided benefits. Requirements vary by state and by institution.

Locating the Will and Key Papers: Account Statements, Deeds, Policies, and Beneficiary Forms

Creating a complete document set early helps streamline court filings and account work.

Estate planning documents: Last Will and Testament, codicils, trust agreements and amendments, and any memoranda regarding personal property.
Vital records: Death certificates, birth or marriage certificates as relevant, prior divorce decrees, and adoption records if needed.
Real estate records: Deeds, mortgage statements, property tax bills, homeowner's insurance declarations, surveys, and HOA/condo documents.
Financial accounts: Bank, brokerage, and retirement account statements; CDs; safe-deposit box information; digital wallets; cryptocurrency keys or recovery phrases (secure these carefully).
Beneficiary-designated assets: Life insurance policies, annuities, retirement accounts (401(k), IRA), transfer-on-death and payable-on-death designations.
Business interests: Operating agreements, shareholder or partnership documents, corporate records, buy-sell agreements, and key-man policies.
Vehicles and titled assets: Titles and registrations for cars, boats, and trailers.
Debts and obligations: Credit cards, medical bills, personal loans, promissory notes, student loans, and any pending lawsuits or judgments.
Taxes and income: Recent tax returns, W-2 or 1099 forms, property tax records, and information on refunds or estimated payments.
Digital assets and subscriptions: Email, cloud storage, social media, subscription services, domain registrations, and monetized online accounts. Document terms of service for access procedures.

Taking the Next Step: Opening the Estate, Court Filings, and Notifying Interested Parties

The process for opening an estate differs by state, but there are common steps. Until the court appoints a personal representative or issues authority, access to accounts is limited.

File the will with the court if required: Many states require a prompt filing. Follow local rules for originals, copies, and self-proving affidavits.
Petition to open the estate: The proposed executor or personal representative typically files forms to be appointed. The court may require a bond unless waived by the will or state law.
Obtain official authority: After appointment, the court issues documents (often called letters testamentary or letters of administration) that allow you to act on behalf of the estate.
Set up an estate bank account and EIN: Open a dedicated estate account to collect income and pay approved expenses. Avoid mixing estate funds with personal funds.
Provide required notices: States often require notice to heirs, beneficiaries, and known creditors. Some courts require publication to unknown creditors.
Calendar deadlines: Track time limits for creditor claims, inventories, accountings, and tax filings. These vary by state and by court.

Managing the Estate: Inventory, Appraisals, Debts, Claims, Taxes, and Record-Keeping

Once appointed, your job is to identify, protect, and manage estate assets, address debts according to law, and keep clear records.

Inventory and valuation: Prepare a detailed list of assets with estimated values. Obtain appraisals for real estate, collectibles, and closely held business interests if required or advisable.
Gather and safeguard funds: Redirect income into the estate account. Collect refunds, last paychecks, security deposits, and insurance proceeds payable to the estate.
Maintain property: Keep insurance active, pay essential utilities, arrange lawn/snow service, and handle urgent repairs. Confirm any vacancy conditions with insurers.
Review and prioritize debts: States often have rules for the order in which debts are paid. Do not pay lower-priority debts before confirming requirements.
Handle creditor claims: Track claim deadlines, request documentation, and object or pay claims as allowed by state law and court rules.
Income and estate taxes: Determine if final personal income tax returns, fiduciary income tax returns for the estate, or any other returns are needed. Some estates may have additional tax filings; requirements vary by state and by asset type.
Sell assets if needed: Sales may require court approval, notice, or consent depending on state law and the will. Keep market conditions, carrying costs, and tax implications in mind.
Communicate with beneficiaries: Provide updates as appropriate and keep copies of notices, letters, and emails.
Keep complete records: Maintain receipts, invoices, bank statements, mileage logs, appraisals, and correspondence. Good records support your final accounting.

Distributions and Closing the Estate: Final Accounting, Releases, and Title Transfers

Before distributing property, confirm that creditor periods have expired, required taxes are addressed, and the court's conditions are met.

Prepare a final accounting: Summarize all receipts, disbursements, gains/losses, and distributions. Some states require a formal accounting; others accept a simplified report.
Obtain approvals if required: The court, heirs, or beneficiaries may need to approve the accounting before distributions are made.
Make distributions: Follow the will or state intestacy law if there is no will. Provide receipts and keep proof of delivery.
Transfer title to real estate and vehicles: Complete deeds or title paperwork according to state and county requirements. Confirm tax and lien status before transfer.
Resolve final bills and holdbacks: Keep a reserve for final expenses and taxes if needed, then distribute the remainder when appropriate.
Close the estate account and file closing documents: After all tasks are complete, file any required closing statements or petitions.

How We Can Help With Each Step

Every estate is different, and the right approach depends on your state's rules, the will, and the asset mix. We guide personal representatives and families through filing requirements, timelines, notices, inventories, creditor issues, and distributions. Use our contact form or give us a call at 414-253-8500 to share a brief description of your situation and any key documents you have located. We will review and follow up to discuss next steps and timing based on your state's process.

Practical Probate Checklist You Can Start Today

Get multiple certified death certificates.
Secure the home, vehicles, mail, and valuables; maintain insurance and utilities.
Locate the will, trust, and beneficiary forms; gather financial statements and titles.
Do not remove or distribute property before you have legal authority.
File the will with the court if required and petition for appointment as personal representative.
Open an estate bank account and obtain an EIN after you are appointed.
Send required notices to heirs, beneficiaries, and known creditors; calendar deadlines.
Prepare the inventory; order appraisals as needed.
Review and process creditor claims in the order required by state law.
Address tax filings and confirm all periods for claims and notices have run.
Prepare a final accounting; obtain necessary approvals; make distributions.
Transfer titles, close the estate account, and complete closing filings.

Common Situations That Change the Path

No will (intestacy): State law determines who can serve as personal representative and who inherits. Additional notices or bonds may be required.
Real estate in multiple states: Ancillary probate may be needed where property is located. Procedures and timing vary by state.
Business interests: Operating a business after death can involve urgent decisions. Review governing documents and insurance policies.
Disputes or unclear documents: Will contests, unclear beneficiary designations, or missing documents may require court hearings.
Digital and cryptocurrency assets: Access often depends on terms of service and security keys. Handle carefully to avoid loss.

Documents to Upload With Your Contact Form (If Available)

Death certificate (if received) or funeral home verification.
Will and any codicils; trust documents and amendments.
Recent bank, brokerage, and retirement account statements.
Life insurance policy pages and beneficiary confirmations.
Deeds, mortgage statements, and property insurance declarations.
Vehicle titles and registrations.
List of known debts and monthly bills.
Any court papers received to date.

Mid-article invitation: If you are ready to move forward, use our contact form to share your questions and upload documents for a prompt review. We will follow up to outline next steps based on your state's process and the documents you have found.

FAQs

Do all estates have to go through probate?

No. Whether probate is required depends on state law, how assets are titled, and the presence of beneficiary designations or a funded trust. Some states provide simplified procedures for smaller estates. We can review your situation and explain options based on your state's rules.

How long does probate usually take?

Timeframes vary widely by state and by the complexity of the estate. Factors include court schedules, required notice periods, creditor claim deadlines, tax issues, and real estate sales. Many estates take several months or longer. A tailored timeline depends on your state's process.

What happens if there is no will?

When there is no will, state intestacy laws determine who can serve as personal representative and who inherits. The process still often involves court filings, notices, and creditor procedures. Requirements and order of inheritance vary by state.

Can some assets pass outside probate?

Yes. Assets with valid beneficiary designations, jointly held property with right of survivorship, and assets titled in a properly funded trust may pass outside probate. Confirm each account's paperwork and state law before assuming an asset avoids probate.

What are the basic duties of an executor or personal representative?

Typical duties include securing and managing assets, opening the estate, providing required notices, preparing an inventory, addressing creditor claims, handling taxes, accounting for all transactions, and making distributions according to the will or applicable law. Specific duties and deadlines depend on your state.

Ready to Take the Next Step?

If you need to start probate now, we are here to help you organize documents, open the estate, and move forward in line with your state's requirements. Use our contact form today to tell us about your situation and your timeline. We will respond to discuss next steps and what to expect in the coming weeks.

Disclaimer: This page provides general information for executors, personal representatives, and families. It is not legal advice and does not create an attorney-client relationship. Laws and procedures vary by state and may change. Consult an attorney about your specific circumstances before taking action.

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