An estate executor’s checklist runs from securing the will on day one to closing the estate with the probate court months or years later, and the order matters because skipping ahead creates personal liability. The core sequence is this: find the original will, get certified death certificates, open probate to receive your legal authority, notify agencies and creditors, inventory the assets, open an estate bank account, pay debts in the legally required priority order, file the final tax returns, distribute what remains to beneficiaries, and submit a final accounting to the court. Most executorships take between nine months and two years, depending on the estate’s size and whether anyone challenges the will.
Find the Will and Order Death Certificates
Start with the original signed will. Check home safes, filing cabinets, and any safe deposit box the deceased kept. If an attorney drafted the estate plan, that firm may be holding the original. A photocopy is not enough; the probate court requires the document with a wet signature.
Then order certified copies of the death certificate from the vital records office in the state where the death occurred. A funeral director can often place the order for you.1USAGov. How to Get a Certified Copy of a Death Certificate Order at least ten. Banks, insurers, brokerages, and government agencies almost always require a certified original rather than a photocopy, and mailing them out one at a time slows everything down.
Open Probate and Get Letters Testamentary
You have no legal power to touch the deceased’s accounts, sell property, or pay bills until a probate court appoints you. File a petition in the probate court in the county where the deceased lived, along with the original will, a certified death certificate, and a petition form listing the deceased’s full legal name, Social Security number, and last known address.
Once the court approves the petition, it issues Letters Testamentary if the will names you, or Letters of Administration if there is no will or you are being appointed as administrator. These letters are your proof of authority.2Cornell Law Institute. Letters Testamentary Every bank, title company, and agency you deal with will ask for a copy, so request several certified copies at the same time.
Filing fees vary by jurisdiction and typically run a few hundred dollars. The court may require a surety bond that protects beneficiaries and creditors if you mishandle funds. Many wills waive the bond; when no will exists or the court has concerns, the bond amount is usually tied to the value of the estate’s personal property. The premium is paid from estate funds, not yours.
Notify Social Security and Other Agencies
Report the death to the Social Security Administration promptly. The SSA does not accept online reports. Call 1-800-772-1213 or visit a local office, or ask the funeral director to report it using the deceased’s Social Security number.3USAGov. Report the Death of a Social Security or Medicare Beneficiary
One detail catches many executors off guard: Social Security does not pay benefits for the month of death. If the deceased died in June, any payment arriving in July represents the June benefit and must be returned. For direct deposits, contact the bank and request the payment be sent back. For paper checks, follow the SSA’s return procedures.3USAGov. Report the Death of a Social Security or Medicare Beneficiary Overpayments that aren’t returned surface later, sometimes years later, with interest attached.
Also notify pension administrators, the Department of Veterans Affairs if the deceased was a veteran, and Medicare or Medicaid. Each agency has its own process, and each will need a certified death certificate.
Identify and Value the Assets
Building a complete picture of what the deceased owned is one of the most time-consuming parts of the job. Work through filing cabinets, desk drawers, and home safes. Review at least two years of bank and brokerage statements to catch recurring deposits, automatic payments, and accounts you might not know about. Check recent tax returns for interest, dividend, and rental income pointing to additional accounts or property.
Common asset categories to track down:
- Real estate: deeds, mortgage statements, property tax records, timeshare agreements
- Financial accounts: checking, savings, brokerage, retirement accounts, certificates of deposit
- Insurance: life insurance policies, annuities, and any policies naming the estate as beneficiary
- Personal property: vehicles, jewelry, art, collectibles, and household contents of significant value
- Business interests: ownership stakes in partnerships, LLCs, or closely held corporations
- Digital assets: email, social media, cloud storage, cryptocurrency wallets, online financial accounts
Get professional appraisals for real estate and high-value personal property. The appraiser establishes fair market value as of the date of death, which matters for both tax calculations and fair distribution. Then compile a formal inventory for the probate court. Most jurisdictions require this within a few months of your appointment, though the deadline varies by state.
For digital assets, nearly every state has adopted a version of the Revised Uniform Fiduciary Access to Digital Assets Act, which gives executors legal authority to manage online accounts. Each platform still requires a certified death certificate and a copy of your Letters Testamentary before granting access or closing the account. Cryptocurrency is a separate problem: without the private keys or seed phrases, the assets may be permanently inaccessible no matter what legal authority you hold.
Notify Heirs and Creditors
Every beneficiary named in the will must receive formal written notice of the probate proceedings. If no will exists, state intestacy laws determine who qualifies as an heir, and those people must be notified too. Send notices by certified mail and keep the receipts.
Creditors come next. Review mail, email, bank statements, and credit reports for outstanding debts. Known creditors should receive direct written notice of the estate proceeding. For creditors you can’t identify, most states require you to publish a Notice to Creditors in a local newspaper. The publication triggers a claims window, usually three to six months depending on the state, during which creditors must file their claims or lose the right to collect. Skip the publication and you can be personally liable for debts that surface after you’ve distributed the estate.
Open an Estate Bank Account
Mixing estate money with your personal funds is one of the fastest ways to create legal problems. Apply for a federal Employer Identification Number through the IRS. The online application takes about ten minutes and generates the number immediately.4Internal Revenue Service. Get an Employer Identification Number Use the EIN to open a dedicated estate checking account.
All estate income flows in: rent payments, investment dividends, insurance proceeds payable to the estate. All estate expenses flow out: court fees, attorney fees, creditor payments, utility bills for estate property. This separation is a legal requirement of your fiduciary duty, and commingling funds is one of the most common reasons courts hold executors personally liable.
Pay Debts in the Correct Priority Order
State law sets a priority order for paying claims against the estate. Paying lower-priority creditors before higher-priority ones can leave you personally responsible for the shortfall. The general hierarchy:
- Secured debts: mortgages, car loans, and other debts tied to specific collateral
- Administrative expenses: court fees, attorney fees, executor compensation
- Funeral and burial costs
- Tax obligations: federal and state income taxes, estate taxes, property taxes
- Medical debts, particularly end-of-life care
- Unsecured debts: credit cards, personal loans, and general creditor claims
Verify every claim against the deceased’s records before paying. Creditors sometimes submit inflated or fraudulent claims. You have the right to challenge any claim that looks wrong, and the probate court can resolve disputes.
If the debts look like they may exceed the assets, stop before paying anyone and consult a probate attorney. Never distribute anything to beneficiaries while valid higher-priority claims remain unpaid. Pay a beneficiary and then discover unpaid taxes or a late creditor claim, and you may be personally liable for what you handed out.
File the Final Tax Returns
Up to three separate returns may apply, each with its own deadline.
Final Form 1040
File a final Form 1040 covering the deceased’s income from January 1 through the date of death. Prepare it the same way as a return for a living taxpayer: report all income, claim eligible deductions and credits.5Internal Revenue Service. File the Final Income Tax Returns of a Deceased Person The deadline is April 15 of the year following death.6Internal Revenue Service. How to File a Final Tax Return for Someone Who Has Passed Away A surviving spouse can file jointly for that final year, which often produces a lower tax bill.
Form 1041 for Estate Income
Any income the estate itself earns after the date of death (interest, rent, business income, capital gains from asset sales) goes on Form 1041. Filing is required if the estate generates $600 or more in gross income during the tax year.7Internal Revenue Service. Instructions for Form 1041 and Schedules A, B, G, J, and K-1 For calendar-year estates, the deadline is April 15. Form 7004 gets you an automatic extension on the paperwork, but any tax owed is still due by the original deadline. Estate tax brackets compress quickly, so distributing income to beneficiaries, who then report it on their own returns at individual rates, often reduces the total tax.
Form 706 Federal Estate Tax Return
Federal estate tax is separate from estate income tax and applies only to large estates. For deaths in 2026, Form 706 is required only if the gross estate exceeds $15,000,000.8Internal Revenue Service. Estate Tax That threshold reflects the increased basic exclusion amount under the One, Big, Beautiful Bill signed into law in July 2025.9Internal Revenue Service. What’s New — Estate and Gift Tax Large lifetime gifts are added back when calculating whether the threshold is met. Married couples can effectively double the exemption through portability. Form 706 is due nine months after the date of death, with a six-month extension available.
Distribute to Beneficiaries
Distribution happens only after debts are paid, the creditor claims window has closed, and tax obligations are settled or accounted for. Jumping ahead on distributions is the single most common executor mistake that leads to personal liability.
Real estate transfers through a new deed. Vehicles need new titles. Financial accounts with named beneficiaries pass outside probate entirely; accounts without designations pass through the estate and need your action. Personal property goes to the beneficiaries named in specific bequests; where the will is silent, state law fills the gap.
Get a signed receipt from every beneficiary for every item or amount they receive. Those receipts become part of your final accounting and protect you against later claims that something was missing.
File the Final Accounting and Close the Estate
The final accounting is a detailed report to the probate court showing every dollar that came into the estate and every dollar that went out: income received, debts paid, taxes filed, executor fees taken, and distributions made. The court reviews it to confirm you handled everything properly.
If the estate required a federal estate tax return, consider requesting an estate tax closing letter from the IRS before you petition to close. The letter confirms the IRS has no further claims. Request one through Pay.gov for a $56 fee, or use an IRS account transcript to the same effect.10Internal Revenue Service. Frequently Asked Questions on the Estate Tax Closing Letter
Once the court approves the accounting, file a petition to close. A successful closing produces a court order discharging you from your duties and shielding you from future claims, provided you acted in good faith and followed proper procedures.
Executor Compensation
Executors are entitled to be paid. Some states set compensation by statute on a sliding percentage scale (commonly 2% to 5% of the estate’s value, with the percentage decreasing as the estate grows). Others leave the fee to the probate court as a “reasonable” amount based on time and complexity. The will may specify a flat fee or percentage. You can waive compensation, which many family-member executors do.
Executor fees are taxable income to you, reported on your personal return for the year received. For the estate, the fees are deductible as an administrative expense on Form 1041. Attorney, accountant, and appraiser costs are also paid from estate funds, not yours.
When You May Not Need Full Probate
Not every estate requires the full process above. Every state offers some form of simplified procedure for smaller estates, often called a small estate affidavit. The qualifying threshold varies widely: some states set it as low as $15,000, others allow simplified treatment up to $150,000 or $200,000 in assets. Simplified procedures involve fewer court filings, lower fees, and much less time.
Assets that pass outside probate entirely (life insurance with a named beneficiary, retirement accounts with designated beneficiaries, jointly held property with survivorship rights, payable-on-death bank accounts) don’t count toward the probate value. An estate that looks large on paper may qualify for simplified treatment once the non-probate assets are subtracted. Check your state’s specific threshold before assuming you need full administration.