To settle an estate, gather proof of death, the will and trust records, court papers proving your authority, complete information about assets and beneficiaries, debt and expense records, tax files, and documentation supporting each asset’s value at the date of death. Keep a working inventory that identifies who owned each item, where it is held, how it transfers, and which document proves the entry.
This is a general starting point, not a universal probate checklist. Courts, tax authorities, required copies, deadlines, and filing thresholds vary by jurisdiction and by the year of death. Use the local court and tax authority’s instructions before filing or distributing property.
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1. Prove the death and your authority to act
Institutions generally will not release information or retitle property merely because you are a relative. They need evidence of death and evidence that you are authorized to act for the estate.
Death certificates
- Order certified copies of the death certificate. Banks, insurers, government agencies, and courts may each require an original or certified copy rather than a photocopy.
- Record the decedent’s full legal name, any aliases, date and place of death, last domicile, date of birth, and taxpayer identification number in a secure file.
Will, codicils, and trust records
- Locate the original will and every codicil. Note where the original is held and whether it has already been lodged with the probate court.
- Collect revocable or irrevocable trust agreements, amendments, schedules of trust property, and certificates or summaries of trust authority.
- Preserve marriage, divorce, adoption, or other family-status records when they establish an heir, beneficiary, or ownership right.
Court appointment papers
A will can nominate an executor, but the court’s appointment normally proves that person’s present authority. Obtain letters testamentary, letters of administration, or the equivalent local document, plus later court orders that expand, restrict, or change the authority. The IRS explains that a personal representative collects assets, pays creditors, distributes what remains, and handles applicable returns in Publication 559. For a U.S. Form 706 filing, the IRS also identifies death-certificate and will attachments in its Form 706 instructions. In England and Wales, the GOV.UK probate guidance lists the original will and, in specified circumstances, a death certificate among application documents.
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2. Build a master asset and account inventory
Create one row for every known or suspected asset. Do not put complete account numbers or passwords in a document that will be circulated to beneficiaries; keep full identifiers in an encrypted or otherwise restricted file.
| Inventory field | What to record | Proof to retain |
|---|---|---|
| Institution or location | Bank, brokerage, insurer, employer plan, county recorder, vehicle location, or other custodian and a reliable contact route | Statement, deed, policy, title, certificate, or custodian correspondence |
| Identifier | Account, policy, registration, parcel, serial, or other identifying number | Copy of the document showing the identifier; restrict access to full numbers |
| Ownership | Sole name, joint names, trust, business, community property, or another legal owner | Title, account registration, trust schedule, partnership or corporate record |
| Transfer method | Probate, survivorship, beneficiary designation, transfer-on-death registration, trust distribution, or another route | Beneficiary form, account agreement, trust document, or court record |
| Value | Fair-market value at the date of death and any later activity | Statement, appraisal, market record, or valuation letter showing the method and date |
| Status | Collected, pending verification, disputed, sold, distributed, or still held | Receipts, closing statements, transfer confirmations, and correspondence |
The date-of-death value is important for court inventories and tax work. Alameda County Superior Court’s probate administration guidance calls for enough detail to identify and appraise property and uses values measured at the decedent’s date of death.
3. Find every financial account and valuable asset
Deposits and investments
- Bank and credit-union checking, savings, certificates of deposit, money-market, and safe-deposit-box records.
- Brokerage, mutual-fund, stock, bond, cryptocurrency, and other investment statements.
- Retirement plans such as IRAs, 401(k)s, pensions, and deferred-compensation accounts, including the beneficiary form and any required minimum-distribution information.
- Annuities and cash-value insurance, with policy numbers, ownership, beneficiaries, surrender values, and insurer contact details.
Real and personal property
- Real estate deeds, mortgages, tax bills, leases, title insurance, surveys, and records for property in another state or country.
- Vehicles, boats, aircraft, equipment, and valuable personal property, supported by titles, registrations, purchase records, or appraisals.
- Business interests, partnership or shareholder agreements, buy-sell arrangements, company financial statements, and records of loans owed to or by the business.
- Refunds, royalties, intellectual-property interests, legal settlements, and money held by another person for the decedent.
Search for overlooked accounts
Review incoming mail, prior tax returns, check registers, electronic statements, password-manager records, and online account notifications. Access digital accounts only through lawful authority and preserve records showing what you accessed and when. Contact former employers, professional associations, and insurers if the decedent’s records suggest benefits or policies.
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4. Decide whether each item is a probate asset
An account appearing on a statement is not automatically part of the probate estate. Florida Courts Help explains that probate assets are only a portion of property associated with a decedent and gives sole-name accounts and certain property payable to an estate as examples in its probate overview.
| Question | Why it matters |
|---|---|
| Who held legal title at death? | Sole ownership often requires probate; a trust, business, or co-owner may change the route. |
| Was there a survivorship arrangement? | A surviving joint owner may take the property outside probate, subject to local law and the account agreement. |
| Was a beneficiary or transfer-on-death designation valid? | The named recipient may receive the asset directly, but outdated, missing, or conflicting forms can create disputes. |
| Was the asset titled to a trust? | The trustee, rather than the probate executor, may control collection and distribution under the trust terms. |
| Which jurisdiction governs? | Rules for homestead, community property, small estates, foreign property, and creditor claims differ by location. |
Keep the statement in the inventory even when an item appears to pass outside probate. Mark the transfer route, confirm the designation or title with the custodian, and retain the confirmation.
5. Collect debts, claims, and administration expenses
Before distributing property, assemble a liability file containing:
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- Mortgage, home-equity, vehicle, student-loan, and other secured-debt statements, including collateral and payoff figures.
- Credit-card balances, personal loans, medical and household bills, utilities, subscriptions, and unpaid taxes.
- Funeral and burial invoices, insurance premiums, property maintenance, storage, appraisal, legal, accounting, court, and other estate-administration expenses.
- Creditor correspondence, lawsuits, guarantees, liens, and claims made by family members or businesses.
For each claim, record the creditor, reference number, statement date, amount, collateral, due date, and whether the estate disputes it. Do not pay a questionable claim or distribute assets merely because a bill arrived; local law may require notice, a response period, a priority order, or court approval. The IRS’s Form 706 instructions also require supporting treatment for certain liabilities when an estate-tax return is filed.
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Records for the final individual return
Locate prior federal, state, and local returns; W-2, 1099, pension, interest, dividend, and business-income statements; estimated-tax payments; deductible expenses; gift records; and information needed to report income earned before death. The final individual return covers the decedent’s tax affairs through the date of death.
Records for income earned after death
Interest, dividends, rent, business receipts, and other income received after death belong in the estate’s records, not in the decedent’s final individual file. Keep post-death bank statements, invoices, expense receipts, and distributions together so the personal representative can determine whether an estate income-tax return and an employer identification number are required. The IRS deceased-person page explains where representatives can find guidance on final returns, estate returns, deceased-taxpayer information, and estate-tax filings: IRS information for deceased persons.
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Federal estate-tax threshold for 2026 deaths
For a U.S. citizen or resident who died in 2026, the IRS Form 706 instructions state a $15,000,000 filing threshold. The same instructions describe a portability election for a deceased spouse’s unused exclusion as an independent reason to file, regardless of estate size. This figure applies only to the stated year, people covered by the U.S. rules, and the conditions in the complete instructions; it must not be reused for another year or jurisdiction. Verify the current Form 706 instructions before relying on it.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.7. Preserve valuations and administration records
For every asset, save the valuation source and the date it applies. Publicly traded securities may be supported by a date-of-death statement or market record; real estate, businesses, collections, and unusual property may require a qualified appraisal. Note assumptions, discounts, ownership percentages, and whether a value is an estimate pending appraisal.
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8. A practical document-gathering sequence
- Secure the home, vehicles, papers, mail, computers, phones, and safe-deposit access. Prevent loss without selling or distributing property.
- Obtain certified death certificates and locate the original will, codicils, trusts, and family-status records.
- Ask the probate court for the appointment document and any authority-specific orders required in your jurisdiction.
- Open a restricted inventory and enter every lead from statements, mail, tax returns, and conversations with family members.
- Notify each institution only after confirming what authority paper it requires; record the representative’s name, request date, and response.
- Classify each asset by title, survivorship, beneficiary designation, trust ownership, or probate route. Flag conflicts for legal review.
- Obtain date-of-death balances and valuations, then preserve statements showing transactions after death.
- Create separate folders for creditor claims, estate expenses, the final individual tax return, and post-death estate income.
- Check local filing deadlines, creditor-notice procedures, inventory forms, and tax thresholds before paying claims or making distributions.
- Document every transfer with a receipt, beneficiary acknowledgment, closing statement, or custodian confirmation, and update the inventory status.
9. Protect sensitive information
Estate files contain Social Security or taxpayer numbers, account identifiers, medical bills, signatures, and sometimes passwords. Use a locked physical location and encrypted digital storage, give access only to people who need it, and send documents through the institution’s secure channel. Redact unnecessary numbers from packets sent to beneficiaries. Never publish full account numbers, scans of identity documents, or login credentials in an email thread or shared folder with broad access.
10. Know when local professional help is warranted
Consult a probate lawyer or fiduciary tax professional when the will is contested, ownership is unclear, the estate includes a business or cross-border property, creditors disagree, a trust and probate estate overlap, or tax elections and valuations are uncertain. Ask the local court clerk or tax authority for the controlling forms and deadlines; examples from Florida, California, the IRS, and England and Wales illustrate procedures, but none is a universal checklist.
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