Probate Tasks of the Executor
State and local probate laws and practices can vary greatly, making it virtually impossible to compile a precise list sequencing the duties and steps that an executor must follow. Detailed printed instructions regarding local protocols are generally available from the probate court in whose jurisdiction the death occurred. With that caveat in mind, presented here is a list of basic actions that would doubtless need to be performed for the vast majority of wills. The first few items should be given your initial attention, since without them you won't be able to accomplish much else. The rest of the list can then be taken care of thereafter, in no particular order. But before you do anything at all as an executor, it would probably be wise to get some fundamental advice from an attorney.
General first steps.
- Obtain a reasonable number (at least ten or so) of certified copies of the death certificate, with raised seal. The attending funeral director can likely be instrumental in helping you get them shortly after the funeral. You'll need them for many purposes, and there isn't much you'll be able to do without them.
- Begin recording a time sheet of the hours that you spend on official executor duties. This is good documentation to have whether or not you ultimately take any compensation for the job.
- Secure the deceased's residence and other property, if necessary, and ensure that all hazard and liability insurance is maintained in full effect.
- If applicable, notify the automobile insurance company immediately if a new driver will be using the deceased's vehicle, pending a formal transfer of title.
- Arrange for forwarding of the deceased's mail.
- Cancel or remove the deceased's name from credit card accounts and destroy the cards.
Probate the will.
- Obtain, fill out, and file the Petition for Probate (or the equivalent document in your particular locale) with the probate court. You'll need one of the certified death certificate copies and money for filing fees. The court may also inquire as to the general nature and value of the decedent's probate assets and the identity of the next of kin. If there seem to be no problems, the court will issue an order "admitting the will to probate." This order will formally appoint the executor (the decedent's nominee, if there are no reasonable objections), and also generate a certified court document, often known as the Letters Testamentary. Be sure to request at least ten copies of this document, as well. You'll need one for each financial institution that you'll have to deal with.
- Send copies of the will by certified mail to all beneficiaries, as well as to the deceased's spouse and all children, whether they are particularly named in the will or not.
- Arrange for a notice to creditors to be placed in a newspaper publication.
- Based on the size of the estate and the number or type of beneficiaries, determine if a streamlined probate procedure is available. If there is, it will probably be necessary to have all of the beneficiaries sign a form indicating that they agree to it and waive their rights to a formal hearing.
- File paperwork for allowances or set-aside amounts, if appropriate, for a surviving spouse or children.
