This is a brief checklist for those serving as executor or personal representative of an estate.
1. Collect estate planning documents and other important records of the decedent, such as:
Last will, living trust, and any other trust documents;
Death certificate; See how to obtain death certificate
Life insurance policies and annuity contracts;
Birth certificate and social security number;
Marriage license, divorce decree, and property settlement;
Most recently filed tax return; and
Any papers relating to military service, such as serial number and veteran’s discharge papers.
2. Collect or marshal all assets that should be in decedent’s estate.
3. Review finances of the estate. Create a rough inventory of property, accounts, and other assets and calculate approximate value of the estate.
4. Determine if there is any property passing by will that is subject to probate. Find out if the estate is below the threshold amount for probate due to a small estates exemption.
5. If the estate is subject to probate, get information regarding the probate court that has jurisdiction. Obtain pamphlets, consumer information, forms, and related information available from the probate court.
6. Meet with a probate lawyer and a tax advisor regarding your duties and legal obligations. If the estate includes substantial investments, also meet with a financial planner for guidance on managing estate property.
7. Review state will filing requirements and file decedent's will with the court if required. Petition for probate of the estate if recommended by probate lawyer.
8. If the probate court requires you to post an executor's bond, contact an insurance company and request a probate bond application. Submit the completed bond application along with a copy of the will, the probate court order, and any other required documents to the bonding company. The surety bond should be filed with the probate court.
9. Apply for insurance proceeds, employment compensation, government benefits, and other types of benefits that may be due, such as:
Final paycheck and employee benefits from decedent’s employer;
Life insurance proceeds;
Veteran’s benefits;
Annuity death benefits;
Social Security benefits; and
Retirement plan benefits.
10. Complete notifications of death to heirs, beneficiaries, and creditors or publish notice of death in local newspapers, depending on state law requirements for the type of estate you are administering.
11. Pay valid claims of creditors.
12. If decedent had a living trust, complete transfer documents to transfer property in the trust to trust beneficiaries.
13. Transfer ownership and change title to property and accounts, such as:
Bank accounts and safe deposit boxes;
Brokerage accounts, retirement accounts, stocks, bonds, and other investments;
Cars, trucks, boats, and other vehicles;
Real estate; and
Credit cards, loans, and mortgages.
14. File all required tax returns for the decedent and the decedent's estate, and pay applicable federal, state, and local income taxes, inheritance taxes, and estate taxes.
This is only a brief checklist. It is not a comprehensive list of the duties of an executor or personal representative. The steps required to administer an estate may need to be completed in a different order than shown above, depending on the circumstances. Consult a licensed probate lawyer regarding the duties of an executor, administrator or personal representative in the state where the deceased person was domiciled at the time of death. For more information on the steps an executor needs to take to administer an estate, see our Estate Administration page.
Trustee Checklist
If you are the successor trustee of a living trust, refer to our Living Trust Checklist Form for successor trustees.