You're the executor. Someone trusted you enough to name you in their will — and now you're staring at a mountain of responsibilities you've never faced before. This checklist puts every task in order so you don't miss anything and you don't have to figure out what comes next. Print it. Check things off as you go. One task at a time.

Immediately After Death — Days 1-7

Phase 1: The First Week

1. Locate the original will.

Check: the deceased's home (safe, desk, filing cabinet), their attorney's office, county probate clerk. You need the ORIGINAL signed document — not a copy.

2. Secure the deceased's property.

Lock the house. Collect mail. Change locks if other people had keys. Secure valuables: jewelry, cash, firearms, important documents. Check the car for valuables.

3. Arrange the funeral (if not already handled).

Work with the family. The funeral is the first expense paid from the estate. Keep ALL receipts — funeral costs are deductible from the estate.
Funeral planning guide →

4. Order 10-12 certified death certificates.

Through the funeral home — they handle this. Cost: ~$12 each in WV. You'll need them for: insurance claims, banks, retirement accounts, property transfers, vehicle titles, Social Security, VA, court filings. Order MORE than you think.

5. Notify Social Security.

Call 1-800-772-1213. Report the death. File for the $255 death benefit (goes to surviving spouse). Ask about survivor benefits.

6. Notify the deceased's employer.

Ask about: final paycheck, group life insurance (many employers provide $10K-$50K automatically), retirement account/pension, unused vacation payout, COBRA health insurance for surviving dependents.

7. Contact life insurance companies.

File claims immediately — you'll need: policy number, death certificate, claim form (insurer provides it). Final expense insurance pays in 24-72 hours. Traditional life insurance: 30-60 days.

8. If the deceased was a veteran — contact the VA.

Call 1-800-827-1000. File for burial benefits (up to $2,004). Ask about survivor benefits (DIC, pension).

9. Secure digital accounts.

Change passwords on email, banking apps, social media if you have access. This prevents identity theft. If you don't have passwords, you'll address this later.

10. Do NOT distribute any assets yet.

No matter how small. Not "just the jewelry" or "just the car." Nothing leaves the estate until probate is open and debts are assessed. Premature distribution can create personal liability for you.

Getting Organized — Weeks 2-4

Phase 2: The First Month

11. Hire a probate attorney (recommended).

Not legally required — but strongly recommended. They guide the entire process, prepare court filings, and prevent costly mistakes. Many charge the estate (not you personally). Ask about fees upfront.

12. File the will with probate court.

Submit: the original will, death certificate, and petition for appointment as executor. Filing fees: $50-$500. The court officially appoints you.

13. Get your Letters Testamentary.

The court issues this document confirming your legal authority as executor. You need this for EVERYTHING: banks, insurance, property transfers, selling assets. Get 5-10 certified copies.

14. Open an estate bank account.

All estate income goes IN (insurance payouts, final paycheck, account balances). All estate expenses come OUT (funeral, attorney, debts, taxes). This separation protects YOU from personal liability. Keep meticulous records of every deposit and withdrawal.

15. Notify all banks and financial institutions.

Provide: death certificate + Letters Testamentary. Ask each institution: what documentation do they need? What accounts exist? What are the balances? Are there beneficiary designations?

16. Inventory ALL assets.

Every asset the deceased owned. File this inventory with the court.

Asset CategoryWhere to LookDocuments Needed
Bank accountsBank statements, online banking, mailAccount statements
Retirement (401k, IRA, pension)Employer, financial advisorAccount statements
Investments/brokerageFinancial advisor, mailAccount statements
Real estateProperty deeds, mortgage statements, tax billsDeed, appraisal
VehiclesTitle documents, registration, glove boxTitle, registration
Life insurancePolicy documents, employer, mailPolicy declarations
Business interestsBusiness records, partnership agreementsOperating agreements
Personal propertyWalk through the housePhotos, appraisals for valuables
Digital assetsPhone, computer, email, crypto walletsAccess credentials

17. Inventory ALL debts.

Every debt the deceased owed.

Debt CategoryWhere to Look
MortgageMonthly statements, mail
Car loanLoan documents, payment records
Credit cardsWallet, mail, credit report
Medical billsHospital/doctor bills, mail, EOBs
Personal loansDocuments, mail
Student loansLoan servicer statements
Utility billsMail, online accounts
Tax debtsIRS notices, state tax correspondence

18. Redirect mail to yourself (or a PO Box).

File a mail forwarding request at USPS.com or the local post office. You'll catch bills, statements, and correspondence you didn't know about.

19. Publish creditor notification.

Most states require you to publish a notice in the local newspaper informing creditors of the death and providing a deadline to file claims (typically 3-6 months). Your probate attorney handles this.

Paying Debts & Managing Assets — The Long Middle

Phase 3: Months 2-6

20. Wait for the creditor claim period to expire.

Don't pay unsecured debts (credit cards, medical bills) until the claim period closes. You need to know the TOTAL debt before distributing anything.

21. Pay debts in legal priority order.

This order matters — paying out of order can create personal liability:

  1. Funeral expenses (already paid — reimburse from estate account)
  2. Estate administration costs (attorney fees, court fees, your compensation)
  3. Federal taxes (income tax, estate tax if applicable)
  4. State/local taxes
  5. Secured debts (mortgage, car loans — if keeping the asset)
  6. Unsecured debts (credit cards, medical bills, personal loans)

If the estate doesn't have enough to pay everything: pay in this order until the money runs out. Remaining debts are written off. Do NOT pay unsecured debts with your own money.

22. File the deceased's final income tax return.

Due April 15 of the year following death (standard deadline). File as "final return." Your CPA or the probate attorney can prepare this.

23. File an estate income tax return (Form 1041) if needed.

Required if the estate earns income during administration (interest, rental income, business income). Consult a CPA.

24. Manage estate property.

  • Keep the house insured and maintained
  • Pay the mortgage, property taxes, and utilities from the estate account
  • Maintain the car (insurance, registration) if it hasn't been sold or transferred
  • Manage any rental property or business interests

25. Get appraisals for valuable items.

Real estate, jewelry, art, collections, antiques, firearms — anything that needs a fair market value for distribution or sale. The cost of appraisals is paid from the estate.

26. Sell assets if needed.

If the will says "sell the house and split the proceeds" or if cash is needed to pay debts, you have the authority to sell. Use fair market value. Keep records of every sale.

27. Handle the house cleanout (if applicable).

Coordinate with family on what to keep, sell, donate, and discard. Consider an estate sale company for valuable contents.
How to clean out a deceased person's house →

Distribution & Closing — The Final Stretch

Phase 4: Months 6-18

28. Prepare the final accounting.

Document EVERY dollar:

  • Assets at death (inventory values)
  • Income received (insurance, interest, sale proceeds)
  • Expenses paid (funeral, debts, taxes, fees)
  • Current balance available for distribution

This accounting is filed with the court AND provided to all beneficiaries. Transparency prevents disputes.

29. Distribute assets per the will.

Follow the will EXACTLY. Specific bequests first ("My watch goes to Michael"), then the residuary estate ("everything else split equally among my children"). Get a signed receipt from EACH beneficiary for every distribution. This protects you if someone later claims they didn't receive something.

30. Handle any disputes.

If a beneficiary contests the will or disputes their share — STOP distribution of the contested amount. Consult the probate attorney. Do NOT try to resolve legal disputes yourself.

31. Pay yourself (executor compensation).

You are entitled to compensation — typically 2-5% of the estate value. This is paid from the estate. Document it in the final accounting. It's taxable income to you.

32. File the final accounting with probate court.

Submit the complete financial record: what came in, what went out, what was distributed. The court reviews and either approves or requests clarification.

33. Close the estate bank account.

After final distribution and court approval, close the account. Keep records for at least 3-7 years (tax audit protection).

34. File final estate tax return if needed.

If the estate earned income during administration, a final Form 1041 is due.

35. Obtain court discharge.

The court officially releases you from executor duties. Keep your discharge papers permanently — this protects you from future claims.

✅ You're done.

Don't Make These 7 Errors

1. Distributing assets before debts are fully assessed.

If you give everything to the heirs and then a creditor files a valid claim — YOU may be personally liable. Wait for the creditor period to expire.

2. Paying debts out of order.

Funeral first. Administration second. Taxes third. Secured fourth. Unsecured last. Paying credit cards before taxes can create personal liability.

3. Co-mingling estate money with personal funds.

ALWAYS use the estate bank account. Never deposit estate money into your personal account — even temporarily. This is the fastest way to face accusations of theft.

4. Making decisions without documenting them.

Every expense, every distribution, every decision — document it. Receipts, emails, letters, signed agreements. If a beneficiary challenges you later, your documentation is your defense.

5. Ignoring taxes.

The deceased's final income tax return AND the estate's tax returns are your responsibility. Missing deadlines creates penalties — charged to the estate (and possibly to you). Hire a CPA.

6. Acting without Letters Testamentary.

Banks and institutions won't cooperate without this court document. File with probate court FIRST, get your Letters, THEN start managing assets.

7. Taking it personally when family gets difficult.

Beneficiaries will get impatient. Siblings will disagree. Someone will think you're taking too long or making the wrong decisions. This is normal. Follow the will. Follow the law. Document everything. The job is thankless — but you're doing it because someone trusted you.

Realistic Timeline

PhaseTimelineWhat Happens
Phase 1Week 1Funeral, death certificates, immediate notifications, secure property
Phase 2Weeks 2-4Probate filing, estate account, asset/debt inventory, attorney hired
Phase 3Months 2-6Creditor period, debt payment, tax filings, property management
Phase 4Months 6-18Distribution, final accounting, court approval, discharge

Simple estates (clear will, few assets, no disputes): 6-9 months total. Complex estates (no will, business assets, family disputes, real estate in multiple states): 12-18+ months.

Print this checklist. Put it in the estate file. Check off each item as you complete it. One task at a time. You'll get through this.

Frequently Asked Questions

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