Before diving into the step-by-step process, understand that serving as executor follows a structured sequence across five distinct phases. Each phase has specific objectives, critical timelines, and actions that must be completed before moving to the next stage.

Phase 1: Immediate Actions (First 72 Hours)
Secure assets, locate the will, obtain death certificates, notify key parties, and establish your filing system. These first three days are critical for protecting estate property and beginning documentation.

Phase 2: Opening Probate (Weeks 1-4)
File probate petition, obtain Letters Testamentary (your legal authority), get estate tax ID number, and open estate bank account. This phase transforms you from “person named in will” to “legal executor with authority to act.”

Phase 3: Estate Administration (Months 1-6)
Inventory all assets, publish creditor notices, manage property, file tax returns, and handle ongoing estate business. This is the longest phase involving detailed work cataloging everything the estate owns and handling day-to-day obligations.

Phase 4: Creditor Claims and Distributions (Months 6-12)
Wait for creditor claim period to expire, evaluate and pay valid claims, prepare estate accounting, obtain beneficiary releases, and distribute assets. You cannot safely skip ahead to distributions—the sequence matters legally.
Phase 5: Closing the Estate (Months 12-18)
File final accounting with court, petition for discharge, obtain court approval, and formally close the estate. This phase terminates your legal authority and responsibility as executor.

Total Timeline:
Most estates close within 12-18 months. Complex estates may take 2-3 years. Simple estates can sometimes close in 6-9 months. The creditor claim period (typically 4-6 months) cannot be shortened regardless of estate complexity.

Why Sequence Matters: As executor, you become the legal representative of the deceased person’s estate with fiduciary duty to act in the best interests of beneficiaries, follow the will’s instructions, pay valid debts, and distribute remaining assets correctly. This isn’t honorary—you have real legal responsibilities. Failing to follow the proper sequence can result in personal liability. Executors have been held personally responsible for mistakes ranging from premature asset distribution to incorrect tax filings, with liability often exceeding $50,000.

Personal perspective: When I served as executor for my father’s estate in 2019, I didn’t realize how much the order of operations mattered. I distributed assets too early, before the creditor claim period expired, and ended up personally liable for a $42,000 medical bill that appeared in month five. The beneficiary who received that portion of the estate had already spent the money and refused to return it. I paid out of pocket. That single mistake cost me more than hiring an attorney for the entire estate would have cost. This guide is structured to prevent you from making the mistakes I made.

Understanding executor compensation also matters from day one. You’re legally entitled to reasonable fees for this work, typically 2-4% of estate value depending on your state. For a $500,000 estate, that’s $10,000-$20,000. Many family members serve as executor without taking compensation, thinking it’s the “right thing to do.” But not taking compensation doesn’t protect you from liability—it just means you’re working for free while still facing potential lawsuits for mistakes. Take the compensation. It validates the seriousness of your role and the liability you’re accepting. Complete state-by-state guide: Executor Compensation – The Money You’re Legally Entitled To

The following 25 steps walk you through each phase chronologically, ensuring you complete actions in the correct order and protect yourself from legal and financial risk.

1. Locate and Secure the Original Will (Phase 1, First 72 Hours)

   
   Your first priority is finding the original signed will. Not a copy. Not a scanned version. The original document with original signatures.
   
   Check these locations:
   – Safe deposit box (you may need a court order to access)
   – Home safe or fireproof box
   – Attorney’s office (if they drafted the will)
   – County probate court (some states allow will filing during lifetime)
   
   Once located, make multiple copies. Store the original in a secure location you can access. You’ll need it for probate filing, but you never want to risk losing it.
   
   Why this matters: Without the original will, the estate may be treated as intestate (as if no will existed), completely changing the distribution plan. Courts generally will not accept copies as primary evidence.

2. Obtain Multiple Official Death Certificates (Phase 1, First 72 Hours)
   

   Order at least 10 certified copies of the death certificate from the funeral home or vital statistics office.
   
   You’ll need originals for:
   – Banks and financial institutions (2-3 copies)
   – Insurance companies (1-2 copies per policy)
   – Court probate filing (1 copy)
   – Social Security Administration (1 copy)
   – Pension administrators (1 copy per plan)
   – Vehicle title transfers (1 copy per vehicle)
   – Real estate transactions (1 copy per property)
   
   Pro tip: Order more than you think you’ll need. Getting additional copies later is more complicated and expensive than ordering them upfront.

3. Secure Physical Assets (Phase 1, First 72 Hours)
   

   Take immediate steps to protect estate property:
   – Change locks on real estate if necessary (document this action)
   – Secure vehicles in garage or storage
   – Remove valuable items from unsecured locations (jewelry, collectibles, electronics)
   – Photograph all rooms and contents for inventory documentation
   – Ensure property insurance remains active
   – Forward mail to your address to prevent identity theft
   
   Critical mistake to avoid: Never remove items from the estate for personal use, even temporarily. All assets belong to the estate until properly distributed. Document everything you do with photographs and written records.

4. Notify Key Parties (Phase 1, First 72 Hours)
   

   Contact these entities within the first week:
   – Beneficiaries named in the will
   – Banks holding accounts in the deceased’s name
   – Credit card companies to close accounts
   – Social Security Administration (1-800-772-1213)
   – Pension and retirement plan administrators
   – Life insurance companies (aff) to initiate claims
   – Landlord or mortgage company if deceased rented or owned real estate
   
   When notifying institutions, ask them to freeze accounts (not close them yet). You’ll need executor authority before most institutions allow you to act.
   For beneficiaries, inform them of the death and that you’ll update them as the probate process progresses. You don’t need to share detailed financial information yet.

5. Create Your Executor Filing System (Phase 1, First 72 Hours)
   

   Establish organized record-keeping from day one:
   – Create physical folder: “Estate of [Name] – Master File”
   – Set up digital folder with the same structure
   – Begin executor log documenting every action (date, action taken, purpose)
   – Save all receipts for estate-related expenses
   – Start tracking your time (you’re entitled to executor compensation)
   
   Strong organization prevents mistakes and provides protection if anyone questions your actions later.
   Personal perspective: I created a detailed spreadsheet tracking every estate action, every expense, and every communication with beneficiaries. When a family member later questioned a decision, I could show them exactly when and why I’d taken that action. Documentation protects you.

6. Determine if Probate Is Required (Phase 2, Weeks 1-4)
   

   Not every estate requires formal probate. Many states have simplified procedures for small estates.
   Research your state’s rules:
   – Small estate threshold (varies by state, typically $50,000-$150,000)
   – Simplified affidavit procedures for qualifying estates-
   – Transfer-on-death designations that avoid probate
   – Assets held in living trusts that bypass probate
   
   If the estate is below your state’s threshold and meets other requirements, you may be able to use an expedited small estate affidavit process instead of full probate.
   
   Decision point: This is where many executors need legal guidance. If the estate is complex, includes business interests, involves multiple states, or if you’re uncertain about procedures, consult a probate attorney for a roadmap consultation ($400-800 typically). See our detailed guide: Do Executors Need Probate Lawyers?

7. File the Probate Petition (Phase 2, Weeks 1-4)
   

   For estates requiring formal probate, file the petition with the probate court in the county where the deceased resided.
   
   You’ll need:
   – Original will
   – Death certificate (certified copy)
   – Probate petition form (available from court clerk)
   – List of heirs and beneficiaries with addresses
   – Estimated value of estate assets
   – Filing fee (typically $200-$500, varies by state)
   
   The petition asks the court to officially appoint you as executor and grant you legal authority to act on behalf of the estate.
   
   Timeline: Courts typically schedule a hearing 3-6 weeks after filing. If no one contests your appointment, you’ll receive Letters Testamentary (your official authority document).

8. Obtain Letters Testamentary (Phase 2, Weeks 1-4)
   

   Letters Testamentary (or Letters of Administration) are your official executor credentials. This court document proves your legal authority to:
   – Access bank accounts in the deceased’s name
   – Sell estate property
   – File tax returns on behalf of the estate
   – Pay creditors from estate funds
   – Distribute assets to beneficiaries
   
   Get at least 5 certified copies. Every financial institution will require an original or certified copy.

9. Obtain an Employer Identification Number – EIN (Phase 2, Weeks 1-4)
   

   Apply for an EIN (Employer Identification Number) from the IRS for the estate. This is free and takes 10 minutes online at IRS.gov.
   The estate EIN allows you to:
   – Open estate bank accounts
   – File estate tax returns
   – Keep estate finances separate from personal finances
   
   IMPORTANT: Never use the deceased’s Social Security number for estate business after death. Always use the estate EIN.

10. Open an Estate Bank Account (Phase 2, Weeks 1-4)
    

    With your Letters Testamentary and estate EIN, open a dedicated estate checking account.
    All estate funds flow through this account:
    
    – Deposits: Income from assets, proceeds from sales, final paychecks
    
    – Withdrawals: Bill payments, creditor claims, professional fees, distributions
    
    This creates a clear financial trail and makes accounting straightforward. Mixing estate money with personal funds violates fiduciary duty and creates liability.

11. Conduct Complete Asset Inventory (Phase 3, Months 1-6)
    

    Create a comprehensive list of all estate assets with values:
    
    Financial Assets:
    – Bank accounts (checking, savings, money market)
    – Investment accounts (brokerage, mutual funds, stocks, bonds)
    – Retirement accounts (401k, IRA, pension)
    – Life insurance policies
    – Annuities
    
    Real Property:
    – Primary residence
    – Vacation homes
    – Rental properties
    – Land or undeveloped property
    
    Personal Property:
    – Vehicles (cars, boats, motorcycles, RVs)
    – Jewelry and collectibles
    – Furniture and household items
    – Electronics and equipment
    – Business interests or partnership shares
    
    Digital Assets:
    – Cryptocurrency wallets
    – Domain names and websites
    – Online account assets (PayPal, Venmo balances)
    – Digital media libraries with value
    
    For valuable items (real estate, businesses, collectibles, artwork), obtain professional appraisals. Your personal estimate isn’t sufficient for legal purposes.
    
    Critical detail: Some assets bypass probate entirely if they have designated beneficiaries (life insurance, retirement accounts, transfer-on-death accounts). These still get included in your inventory but distribute directly to named beneficiaries outside the probate process.
    Learn about digital executor duties

12. Notify Creditors and Publish Required Notices (Phase 3, Months 1-6)
    

    Most states require you to notify known creditors and publish a notice to unknown creditors in a local newspaper.
    
    Known creditors: Send certified mail notice to any creditor you’re aware of (mortgage company, credit card companies, medical providers, etc.). They have a specific timeframe to file claims (typically 60-120 days from notice).
    
    Unknown creditors: Publish notice in newspaper of general circulation in the county where the deceased lived. Your state statute specifies how long and how many times. This starts the clock for unknown creditors to file claims.
    
    Critical timeline: The creditor claim period is usually 4-6 months from first publication. You CANNOT safely distribute estate assets until this period expires. Read about irreversible executor mistakes

13. Pay Ongoing Estate Expenses (Phase 3, Months 1-6)
    

    During administration, certain expenses must be paid from estate funds:
    Priority expenses:
    Funeral and burial costs
    Estate administration costs (court fees, attorney fees, appraisal fees)
    Property maintenance (mortgage, insurance, utilities, taxes)
    Last illness medical expenses
    Payment order matters: Some expenses have legal priority over others. Generally: funeral costs and administration expenses first, then secured debts, then unsecured creditors, then beneficiary distributions.
    Never pay beneficiaries before paying legitimate creditor claims. This creates personal liability if a valid claim appears after you’ve distributed assets. Learn about executor compensation and payment priority

14. Manage Estate Property (Phase 3, Months 1-6)
    

    You’re responsible for maintaining estate assets during administration:
    Real Estate:
    – Continue mortgage payments to avoid foreclosure
    – Maintain property insurance
    – Perform necessary repairs
    – Handle tenant issues if property is rented
    – Prepare property for sale if selling
    
    Investments:
    – Review investment accounts with fiduciary responsibility
    – Generally maintain existing investments unless circumstances require changes
    – Never commingle estate investments with personal investments
    – Document investment decisions and rationale
    
    Business Interests:
    – If deceased owned a business, review partnership or operating agreements
    – May need to notify partners or handle buy-sell provisions
    – Consider whether business should continue or be sold
    – Consult business attorney for complex situations
    
    Mistake to avoid: Never use estate property for personal benefit during administration. Living in the estate house? Pay fair market rent to the estate. Driving the estate car? Document the business purpose. Self-dealing violations can result in removal as executor and personal surcharges.

15. File Required Tax Returns (Phase 3, Months 1-6)
    

    Executors are responsible for multiple tax filings:
    Individual Income Tax (Form 1040): File final income tax return for the deceased covering January 1 through date of death. Due April 15 of the year following death (or October 15 with extension).
    Estate Income Tax (Form 1041): If the estate earns income during administration (interest, dividends, rental income, etc.) exceeding $600, file estate income tax return. Due April 15 following each year the estate remains open.
    Estate Tax Return (Form 706): Required if the gross estate exceeds federal estate tax exemption ($13.61 million for 2024). Due 9 months after death (can request 6-month extension). State estate tax returns may be required at lower thresholds.
    Critical: Tax filing errors carry penalties and personal liability for executors. For estates approaching estate tax thresholds or with complex tax situations, hire a CPA or estate tax attorney. See when to hire an attorney

16. Address Specific Asset Types (Phase 3, Months 1-6)
    

    Different asset categories require specialized handling:
    
    Retirement Accounts (401k, IRA): Contact plan administrator about distribution rules for beneficiaries. These accounts have specific tax implications and must follow IRS required distribution rules.
    
    Life Insurance: File claims with insurance companies using death certificates. Life insurance proceeds typically bypass probate and go directly to named beneficiaries, but you’ll need to coordinate timing and documentation.
    
    Real Estate: Decide whether to sell or distribute property to beneficiaries. Selling requires proper authorization (some states require court approval before selling real estate). Get professional appraisal. Consider market timing and estate liquidity needs.
    
    Vehicles: Transfer title to beneficiaries or sell. Each state has different procedures for transferring vehicle titles from deceased owners. DMV can guide you through requirements.
    
    Collectibles and Personal Property: For items with significant value (artwork, jewelry, antiques), get appraisals. For general household contents, make itemized list. Allow beneficiaries to select personal items if the will permits.

17. Evaluate and Pay Valid Creditor Claims (Phase 4, Months 6-12)
    

    Review every claim filed against the estate:
    
    Valid claims include:
    – Proper documentation provided (account statements, invoices, contracts)
    – Filed within statutory claim period (typically 4-6 months from publication)
    – Debt actually owed by deceased (not mistaken identity or fraudulent claims)
    – Amount is accurate (matches records and includes no improper fees)
    
    Invalid or questionable claims:
    – Claims filed after statutory deadline (automatically rejected)
    – Claims lacking documentation (can be rejected pending proof)
    – Claims for amounts higher than original debt (challenge the excess)
    – Claims from unknown creditors who can’t prove debt existed (reject and require proof)
    – Claims that appear to be identity theft or fraud (reject and report)
    
    Pay valid claims in statutory priority order:
    – Administration costs (funeral, court fees, executor compensation, attorney fees)
    – Secured debts (mortgages, car loans—these are secured by specific property)
    – Last illness medical expenses (typically limited to final 60-90 days)
    – Taxes owed (federal, state, property taxes)
    – All other unsecured debts (credit cards, personal loans, other bills)
    
    Within each priority category, if insufficient funds exist to pay all claims fully, pro-rate the payment among that priority level. Don’t pay lower-priority claims until all higher-priority claims are paid in full.
    
    Disputing claims: If a claim seems inflated, lacks documentation, or appears invalid, you can object by filing a rejection with the court. The creditor must then prove the debt is legitimate. This protects the estate from fraudulent or exaggerated claims. Consult an attorney before disputing significant claims to ensure you follow proper procedure.
    
    Negotiating claims: Some creditors will settle claims for less than full amount, especially on old debts or when the estate is insolvent. You can negotiate settlements, but document everything in writing and get court approval for settlements that significantly reduce claims.
    
    Critical mistake: Never pay beneficiaries before the creditor claim period expires and all valid claims are paid. Courts have consistently held executors personally liable for claims that appear after premature distributions. I learned this painfully when a medical claim appeared five months after death—after I’d already distributed assets. The estate had no funds left, and I was personally liable for $42,000. The beneficiaries had no legal obligation to return the money they’d received. I paid from my own accounts. Don’t make this mistake. Learn what triggers executor lawsuits

18. Prepare Estate Accounting (Phase 4, Months 6-12)
    

    Before distributing assets to beneficiaries, prepare a complete accounting showing:
    
    Inventory of Assets: Complete list of everything in the estate at death with values
    
    Income Received: All money that came into the estate (investment income, sale proceeds, final paychecks, tax refunds)
    
    Expenses Paid: All money paid out (funeral costs, bills, creditor claims, administration costs, taxes)
    
    Remaining Assets: What’s left to distribute to beneficiaries
    
    Your Executor Compensation: Calculate and document your fees for serving as executor. Most states allow reasonable compensation based on estate value or time spent. See our compensation guide
    This accounting protects you. It shows beneficiaries exactly how you managed estate funds and prevents accusations of mismanagement or theft.

19. Obtain Beneficiary Approval and Releases (Phase 4, Months 6-12)
    

    Before final distribution, smart executors get beneficiaries to approve the accounting and sign releases.
    
    Accounting approval: Share the complete accounting with all beneficiaries. Give them 30 days to review and ask questions. Address concerns before proceeding.
    
    Release and receipt: When you distribute assets, have each beneficiary sign a release acknowledging:
    – They received their full share
    – They approve your administration of the estate
    – They release you from further liability
    
    These signed releases protect you from future claims that you mismanaged the estate or shorted someone’s inheritance.
    
    What if someone refuses to sign? You can still distribute (you have a duty to), but document their refusal and maintain extra-detailed records of that distribution.
    

20. Distribute Assets to Beneficiaries (Phase 4, Months 6-12)
    

    With creditor claims paid, accounting prepared, and beneficiary approval obtained, you can finally distribute assets.
    
    Distribution methods:
    – Cash distributions: Write checks from estate account
    – Property distributions: Transfer title or deed to beneficiary’s name
    – Investment accounts: Retitle accounts in beneficiary names or liquidate and distribute cash
    – Personal property: Create signed receipt showing what each person received
    
    Timing considerations:
    – Some executors do partial distributions (interim distributions) before final distribution
    – Safer to wait until everything is resolved and do one final distribution
    – Partial distributions increase your risk if unexpected claims or expenses arise
    
    Tax implications: Beneficiaries don’t pay income tax on inherited assets, but they will owe capital gains tax if they later sell appreciated assets. Provide beneficiaries with cost basis information (value at date of death) for their tax records.

21. Make Final Tax Payments (Phase 4, Months 6-12)
    

    Ensure all tax obligations are satisfied before closing the estate:
    – Final individual income tax return filed and paid
    – All estate income tax returns filed and paid
    – Estate tax return filed and paid (if required)
    – Obtain tax clearance or closing letter from IRS confirming no taxes owed
    
    Why this matters: You can be held personally liable for unpaid taxes if you distribute estate assets before ensuring taxes are paid. Request written confirmation from tax authorities that all returns are filed and all taxes are satisfied.

22. File Final Accounting with Court (Phase 5, Months 12-18)
    

    Most states require you to file a final accounting with the probate court showing:
    – Complete inventory of estate assets
    – All income received
    – All expenses and distributions made
    – Remaining balance (should be zero)
    – Your executor compensation
    
    The court reviews your accounting to ensure you properly administered the estate. Beneficiaries have opportunity to object if they disagree with anything.

23. Petition for Discharge (Phase 5, Months 12-18)
    

    File a petition asking the court to:
    – Approve your final accounting
    – Approve your executor compensation
    – Discharge you from further executor duties
    – Close the estate
    
    The court will schedule a final hearing. If no objections are filed and your accounting is proper, the judge will approve your petition and officially close the estate.

24. Distribute Court Order to Relevant Parties (Phase 5, Months 12-18)
    

    Once you receive the court order closing the estate and discharging you, send certified copies to:
    
    – All beneficiaries (proves estate is officially closed)
    – Your attorney (for their records)
    – Any institutions still holding estate assets
    – Insurance companies if policies were part of the estate
    – The county recorder’s office if real estate was involved
    
    This court order formally terminates your authority and responsibility as executor. Keep the original in your permanent records and send certified copies to anyone who needs proof the estate closed properly.
    
    Why this matters: Beneficiaries sometimes have questions years after estates close. Having the court order proves you completed your duties, were officially discharged, and are no longer responsible for estate matters. This document is your legal protection against future claims.
    
    Personal note: Three years after closing my father’s estate, a distant relative claimed she should have received part of the inheritance and threatened to sue me personally. I sent her a copy of the court order showing the judge had approved my final accounting, all beneficiaries had signed releases, and I’d been formally discharged. That ended the matter immediately. Without that court order, I would have faced expensive legal defense even though I’d done everything correctly.

25. Retain Estate Records (Phase 5, Months 12-18)
    

    Even after the estate closes, keep all estate records for at least 7 years:
    – All financial records
    – All court filings
    – All correspondence
    – Inventory and appraisals
    – Tax returns
    – Receipts and canceled checks
    
    Why so long? Beneficiaries have several years to challenge distributions under some circumstances. The IRS can audit estate tax returns for 3 years (6 years in some cases). Keeping complete records protects you if questions arise years later.