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Step-by-step guide for executors and personal representatives navigating probate. This checklist applies whether there was a will or not.
Immediate priorities include obtaining certified death certificates (request 10-15 copies), locating the original will, securing estate assets, and filing the will with the probate court. Other early tasks include notifying close family members and identifying the deceased's assets and debts.
Simple estates typically take 9-12 months. Average estates take 12-18 months. Complex estates with disputes, tax issues, or unusual assets can take 2+ years. The creditor claim period (typically 3-6 months) sets a minimum timeline.
It depends on the complexity. Simple estates with cooperative beneficiaries can often be handled without an attorney. However, estates with real estate, business interests, disputes, or significant value usually benefit from legal guidance. Some states require attorney representation.
When someone dies without a will (intestate), state law determines who inherits. The court appoints an administrator (often the surviving spouse or adult child) to manage the estate. The process is similar to probate with a will, but distribution follows state intestacy laws. Use our Who Inherits Calculator to see how assets are distributed under your state's intestacy laws.
Yes, executors are entitled to compensation. Some states have statutory fee schedules (often 2-5% of estate value), while others allow "reasonable" compensation based on time and complexity. You can waive the fee if you prefer. Use our Executor Fee Calculator to estimate compensation in your state.
After publishing notice to creditors (required in most states), there's a waiting period during which creditors can file claims against the estate. This is typically 3-6 months. Final distributions typically occur after this period expires.
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