How Do I Settle an Estate?
Generate a personalized checklist of steps to settle an estate. A few questions about the situation produce a full process plan.
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 checklist below 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. See our Trustee Duties Checklist for trust administration or Executor Duties Checklist for probate. 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.
If no estate planning documents exist, the estate passes through intestate succession - state law determines who inherits. You would need to open probate and petition the court to appoint an administrator. Our checklist includes a path specifically for this situation.
A small estate affidavit is a simplified procedure for estates below a certain value threshold (varies by state, $10,000 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.
