How Do I Settle an Estate?
Add the estate's financial accounts, insurance, government agencies, digital accounts, and property. The plan compiles each one's process, contacts, and required documents on top of your state's rules - into one document.
Frequently Asked Questions
The immediate priorities are obtaining certified death certificates (typically 10-15 copies), securing the residence and valuables, notifying immediate family, and locating any estate planning documents like a will or trust. The plan orders each step by priority.
Trust administration is typically faster and more private - the successor trustee can manage and distribute assets according to the trust terms without court involvement. Probate is the court-supervised process required when there is a will (or no documents), involving court filings, public notices, and judicial oversight of the estate. Settling a trust? The Trust Settlement Plan covers that path. A revocable trust set up through SimplyTrust puts your own estate on the trust-administration path.
Trust administration often takes 6-12 months. Probate with a will typically takes 9-18 months. Intestate estates (no documents) can take 12-24 months or longer. Complexity, disputes, and state requirements all affect the timeline.
It depends on the situation. Simple trust administrations can often be handled without an attorney. For probate, some states allow lay personal representatives, while others require attorney involvement. Complex estates, disputes, or significant assets generally warrant professional guidance. Our Probate Self-Filing Guide covers whether probate in a given state can be handled without an attorney.
A small estate affidavit is a simplified procedure for estates below a certain value threshold (varies by state, $15,000 to $400,000). It allows heirs to collect assets without formal probate by signing a sworn statement. There is usually a waiting period after death. Check our Probate Self-Filing Guide to see if your state offers this option.
Is this your situation?
Get a complete guide for your specific circumstances.
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
Learn moreForms for Settling an Estate
Free forms for settling an estate: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
Open probate and ask the court to appoint you and issue Letters Testamentary or Letters of Administration.
Notice to Creditors
Notify estate creditors and start the claim period — the published notice plus mailed copies for known creditors.
Renunciation of Executor
Decline an appointment as executor named in a will — the writing filed with the court before anyone is appointed.
Affidavit of Heirship
Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, with your state's recording instructions.
Small Estate Affidavit
Collect a small estate's property without probate — the sworn affidavit presented to banks and other holders, with a presentation letter for each.
Tools for Settling an Estate
Free tools for settling an estate: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need and see ordering info for your state.
Do I Need Probate?
Find out if an estate needs probate or qualifies for simplified procedures.
Do I Have to File Tax Returns for Someone Who Died?
Find out which tax returns need to be filed after someone dies and whether tax clearance is required.
What Do I Do When Someone Dies?
A step-by-step checklist for the days, weeks, and months after a death, with state rules noted where they apply.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax, and inheritance tax for an estate.
What Taxes Apply to My Inheritance?
Inheritance tax by state, federal tax on inheritance, and timeline estimates for receiving money, property, or retirement assets.
