Probate process (executor duties)

Probate is the court-supervised legal process of validating a deceased person's will, settling their debts, and distributing their assets to beneficiaries. The executor (called "personal representative" in some states) is the person named in the will to manage this process.

35 steps across 7 sections

1. Phase 1: Immediate Actions (Days 1-30)

  • Locate the original will and any codicils (amendments). Check the decedent's home, safe deposit box, attorney's office, and courthouse.
  • Obtain multiple certified death certificates (at least 10-15 copies) through the funeral home or county vital records office. Banks, insurers, and government agencies require originals.
  • Secure the decedent's property: Lock the home, secure vehicles, remove valuables if the home will be vacant, arrange property insurance, and set up mail forwarding.
  • Notify immediate family, beneficiaries, and key advisors (attorney, CPA, financial advisor).
  • Arrange for care of dependents and pets if applicable.

2. Phase 2: Court Filing and Legal Authority (Weeks 2-8)

  • File the will with the local probate court in the county where the decedent lived, along with a certified death certificate and a petition to open probate.
  • Attend the probate hearing: The court reviews the will's validity. If no one contests it, the court issues Letters Testamentary (or Letters of Administration if intestate), granting the executor le...
  • Post a bond if required by the will or court (cost: 0.5-1% of the estate value annually).
  • Obtain an Employer Identification Number (EIN) from the IRS for the estate (needed for tax filings and opening an estate bank account).
  • Open an estate bank account to manage all estate income, expenses, and distributions.

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

  • Identify and inventory all assets: Real estate, bank accounts, investment accounts, retirement accounts, life insurance, vehicles, personal property, business interests, digital assets, and safe de...
  • Get assets appraised: Real estate, businesses, collectibles, jewelry, and other non-cash assets need professional appraisals (date-of-death values).
  • File a formal asset inventory with the probate court (required in most states).
  • Collect income owed to the decedent: Final paychecks, owed commissions, pending tax refunds, Social Security benefits, and pending insurance claims.

4. Phase 4: Creditor Notification and Debt Settlement (Months 2-8)

  • Publish a notice to creditors in a local newspaper (required in most states). This starts the creditor claim period.
  • Send direct notice to known creditors: Credit card companies, mortgage lenders, medical providers, utilities, and anyone the estate owes.
  • Wait for the creditor claim period to expire (typically 3-6 months depending on the state).
  • Review and validate creditor claims: Accept legitimate claims and contest invalid or inflated ones.
  • Pay valid debts and ongoing expenses from the estate account: mortgage, utilities, insurance, storage, taxes, and administrative costs.

5. Phase 5: Tax Filing (Months 4-12)

  • File the decedent's final personal income tax return (Form 1040) for the year of death.
  • File estate income tax returns (Form 1041) for any income earned by the estate after death.
  • File federal estate tax return (Form 706) if the gross estate exceeds the federal exemption ($15 million per person in 2026). Due 9 months after death (6-month extension available).
  • File state estate or inheritance tax returns if applicable (many states have lower thresholds than federal).
  • Pay all taxes due before distributing assets to beneficiaries.

6. Phase 6: Distribution and Closing (Months 6-18+)

  • Prepare a final accounting showing all assets, income, expenses, debts paid, taxes paid, and proposed distributions.
  • Get court approval of the accounting (or beneficiary approval if allowed in your state).
  • Distribute assets to beneficiaries according to the will's instructions.
  • Transfer real estate titles, retitle vehicles, distribute personal property, and transfer financial accounts.
  • File a petition to close the estate with the probate court.
  • Receive formal discharge from the court, releasing the executor from further liability.

7. State-Specific Notes

  • California Statutory attorney and executor fees (4% on first $100K, 3% on next $100K, 2% on next $800K, 1% on next $9M). Probate threshold: $184,500.
  • Texas Independent administration (minimal court oversight) is common and preferred. Small estate affidavit available under $75,000.
  • Florida Summary administration available for estates under $75,000 or if decedent has been dead more than 2 years.
  • New York Small estate proceeding for estates under $50,000 in personal property.
  • UPC states (about 18 states): Follow the Uniform Probate Code, which generally provides streamlined procedures and less court supervision.

Common Mistakes

  • Distributing assets before paying all debts and taxes
  • Not publishing the creditor notice
  • Mixing personal and estate funds
  • Missing tax filing deadlines
  • Not getting enough death certificates

Pro Tips

  • Hire a probate attorney
  • Order 15-20 certified death certificates
  • Open the estate bank account immediately
  • Communicate proactively with beneficiaries
  • Keep a detailed log

Sources

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