Legal Information Notice: This checklist provides general educational information only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your jurisdiction or circumstances. Laws and deadlines vary. Do not rely on this checklist for a specific legal decision or deadline; consult a qualified attorney licensed in the relevant jurisdiction.
“Probate isn’t just paperwork—the wrong process can turn an estate into a much larger problem.”
- ☐ Don’t assume probate is always required.
- ☐ Don’t assume every asset passes through probate.
- ☐ Verify the applicable state procedure.
- ☐ Identify all assets first.
- ☐ Identify all beneficiaries.
- ☐ Locate the original will.
- ☐ Identify debts.
- ☐ Identify taxes.
- ☐ Identify jointly owned property.
- ☐ Identify beneficiary-designated accounts.
- ☐ Don’t distribute assets prematurely.
- ☐ Don’t ignore creditor issues.
- ☐ Don’t ignore estate expenses.
- ☐ Verify executor authority.
- ☐ Understand attorney compensation.
- ☐ Ask whether fees are hourly or otherwise calculated.
- ☐ Ask what tasks are included.
- ☐ Track deadlines.
- ☐ Maintain estate records.
- ☐ Don’t mix estate and personal funds.
- ☐ Don’t sell estate assets without authority.
- ☐ Document distributions.
- ☐ Get professional tax advice where needed.
- ☐ Understand when the estate can close.
- ☐ Don’t treat informal family agreements as substitutes for legal authority.
Premium Checklist
1. Estate Intake
☐ Death certificate.
☐ Will.
☐ Trust documents.
☐ Asset inventory.
☐ Debt inventory.
☐ Beneficiary information.
2. Probate Determination
☐ Identify probate assets.
☐ Identify non-probate assets.
☐ Determine applicable court process.
☐ Determine whether simplified procedures apply.
3. Executor Review
☐ Confirm appointment.
☐ Understand fiduciary responsibilities.
☐ Establish estate account.
☐ Create transaction log.
4. Creditor & Tax Review
☐ Identify debts.
☐ Identify potential claims.
☐ Determine tax filings.
☐ Preserve documentation.
5. Distribution
☐ Confirm authority.
☐ Verify beneficiaries.
☐ Calculate distributions.
☐ Document transfers.
6. Closing Audit
☐ Required filings complete.
☐ Taxes resolved.
☐ Claims resolved.
☐ Assets distributed.
☐ Final accounting complete.
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