Probate, the legal process of administering a deceased person’s estate, can be complex and challenging. During this process, a court determines whether a Will is authentic and valid and then distributes the estate to heirs or beneficiaries.

Probate is also required if someone dies without a Will, which is called dying “intestate.” The court oversees the distribution of assets from the estate according to state law. This process is called the “administration” of the estate, and it is overseen by an “administrator.”

Many Wills appoint a person to oversee this process. This person is called an “executor” or “personal representative,” depending on the state of probate. Sometimes, the Will does not appoint someone or the person appointed cannot serve because they are deceased or incapacitated. In this circumstance, the court will appoint someone to help oversee the probate process.

Probate Checklist

Executors and administrators must be prepared to navigate the probate process with diligence and patience. What follows is a list of steps executors and administrators should take to prepare for potential challenges and smooth out the probate process before appearing in court.

Obtain the deceased’s death certificate

Acquire multiple certified copies of the death certificate. The court, plus government agencies, banks, insurance companies, and other organizations, will need a copy of the death certificate to complete transactions. Often, the funeral home being used will arrange for the death certificates.

Find the Will

If you do not have it already, find the original Will and any Codicils, which are amendments that the deceased made to their Will.

If you have difficulty locating the Will, consult with the deceased’s attorney and check safe deposit boxes. If there is no Will, the court will follow applicable state law as it allocates property to the heirs.

Retain the services of a probate attorney and other professionals as needed

If you anticipate the probate process to be complex or expect disputes from potential heirs or beneficiaries, now is an excellent time to engage a probate attorney. An experienced probate attorney can provide legal guidance and assist with the probate process, helping you avoid costly mistakes.

You may also need to work with accountants, financial advisors, and appraisers, depending on the size and complexity of the estate.

Initiate probate proceedings

File the Will and death certificate with the appropriate probate court to start the probate process and be appointed as the executor or administrator. Typically, you will file with the court in the jurisdiction where the decedent last resided.

The court will give the executor or administrator “letters testamentary” or “letters of administration” documents that confer legal authority to act on behalf of the estate.

Inventory and secure the estate assets

Every state and, in some cases, every local jurisdiction has probate procedures that must be followed. Generally, the following advice is needed for just about every probate matter. Create a detailed inventory of all assets, including real estate, bank accounts, investments, personal property, and other valuable items. Review bank statements, brokerage and investment accounts, life insurance policies, and other records to identify assets. Look for valuable assets in the home, including antiques and artwork. You should also collect necessary documents, including the deed to the house and tax records. One of the biggest challenges executors face today is the increased use of online banking and other services for which there may be no paper records available. This factor increases the complexity of administration considerably.

It may be a good idea to take steps to prevent unauthorized access to property and other assets, such as freezing bank accounts and changing locks and passwords.

Have high-value assets appraised

Obtain professional appraisals for valuable assets to determine their fair market value as of the date of the decedent’s death. Assets that require appraisal include real estate, jewelry, artwork, and other collectibles.

You should also assign values to all assets that will not pass through probate for taxation purposes. These assets include jointly owned real estate and retirement accounts with named beneficiaries.

Review and pay taxes, expenses, and debts

File any necessary tax returns, including federal and state income taxes for the deceased and estate taxes. You should also settle any outstanding debts and liabilities, including mortgage payments, utilities, insurance, healthcare bills, and other expenses. Some jurisdictions may require you to post a public notice, such as in a newspaper, so any unknown creditors can come forward to request payment.

Depending on the size of the estate, you may want to—or may have to–open a dedicated bank account to manage the estate’s financial transactions. The estate will likely need its own tax identification number (TIN/EIN) since the deceased’s Social Security Number is no longer valid upon death. Whichever way you proceed, you must document all financial transactions, communications, and interactions related to the probate process.

Identify and notify heirs and beneficiaries

Make a list of all heirs and beneficiaries and their contact information, including their phone numbers, addresses, dates of birth, and Social Security numbers. Send a formal notification to each person named in the Will.

Follow the instructions in the Will for distributing assets to heirs and beneficiaries. Obtain signed receipts and releases from heirs and beneficiaries upon distributing their share of the estate. This step is crucial if you decide to make interim distributions while the estate administration is still pending. There is always a risk that the executor may need to ask beneficiaries to refund some of their inheritance to pay unexpected expenses, so legal documents protecting the executor are critical.

Close the estate

Prepare a final accounting of the estate’s financial transactions for approval by the court and distribution to heirs. Then, it is time to file the necessary documents with the probate court to close the estate formally. The court and your probate attorney will help you identify which documents you need to file.

Executors and administrators do not have to face the probate process alone

Handling a loved one’s estate requires careful attention to detail and adherence to legal requirements. As you can see, this can be a time-consuming and challenging process. Executives and administrators should turn to experienced probate counsel for assistance to avoid complications.

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