How to Use This Checklist
This checklist covers every executor duty from the day someone dies through final estate closing. Check off tasks as you complete them — progress saves in your browser. Items marked URGENT have strict deadlines; IMPORTANT items have significant consequences if missed.
Not every task applies to every estate. Estates without real estate skip the property-related steps. Estates below the state's small estate threshold may skip formal probate entirely. Estates with no estate tax skip the D-76/706 filing steps. Read each item and skip those that don't apply — but err on the side of doing rather than skipping when uncertain.
First time as executor? Start with What Is an Executor? for a plain-English explanation of your role, fiduciary duties, and compensation rights. Then work through Phase 1 below — the first 72 hours are the most time-sensitive.
These tasks are time-sensitive. Some — like notifying Social Security or securing the property — should happen the same day or next day. Don't wait.
The goal of this phase: get court authority (Letters Testamentary or Letters of Administration), start the creditor clock running, and consolidate your picture of the estate's assets and liabilities.
With court authority in hand, collect assets, get appraisals, file the inventory, manage the property, and notify the relevant government agencies. The creditor clock is running.
The creditor claim period is running or nearly complete. Review all claims, pay valid debts, file tax returns. This phase is the most legally complex — attorney and CPA guidance is valuable here.
Once debts are paid and taxes filed, it's time to transfer assets to beneficiaries. Real estate requires recorded deeds. Get receipts for every distribution.
File the final accounting or closing statement, get court discharge (in supervised probate), and formally end your role as executor. Keep records for 7 years.
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The 10 Most Costly Executor Mistakes
These are the errors that create personal liability, extend the estate for years, or cost beneficiaries thousands. All are preventable with this checklist.
1. Commingling estate and personal funds
Never put estate money in your personal account. Open a dedicated estate checking account using the estate's EIN — even for small estates. Commingling is a clear fiduciary breach and makes accounting a nightmare. Apply for the EIN free at IRS.gov.
2. Distributing assets before all debts and taxes are paid
If you distribute assets and a creditor later files a valid claim, you become personally liable. Always wait until: the creditor claim period has fully expired, all known debts are paid, all tax returns are filed, and any estate tax liability is resolved. Then distribute.
3. Missing the creditor publication deadline
The creditor claim period doesn't start until you publish the Notice to Creditors. Every week you delay publishing is a week added to the minimum estate timeline. Publish in the required newspaper as soon as your Letters are issued. Check your state guide for the specific publication requirements.
4. Failing to file the estate tax return on time
If the estate exceeds the applicable threshold, the estate tax return is due 9 months after death (10 months for DC). A 6-month extension to file is available — but not to pay. Late filing triggers a 5% per month penalty. If the estate might be taxable, start preparing the return early and request the extension before the original deadline if needed.
5. Not notifying Social Security promptly
Social Security payments stop at death. If a payment arrives after death, it must be returned — keeping it is fraud. Call Social Security at 1-800-772-1213 the day of or day after death. The funeral home often handles this notification.
6. Selling estate assets below fair market value
The executor has a fiduciary duty to sell estate assets at fair market value. Selling a house to a family member at a discount, or disposing of personal property too cheaply, is a breach of duty — even if no one complains at the time. Get independent appraisals and document that all sales were at arm's length and at market value.
7. Failing to keep complete records
Every dollar in and every dollar out must be documented. Beneficiaries can demand a full accounting; the court can order one. Without records, you cannot prove you acted correctly. Keep receipts, bank statements, and records for at least 7 years after the estate closes.
8. Ignoring digital assets
Cryptocurrency, PayPal balances, domain names, digital storefronts, royalty income, and online accounts all have value. Under the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA, adopted by most states), you have legal authority to access digital accounts — but you need to know they exist and have access credentials. Ask the family about accounts and check email history.
9. Letting real estate sit without insurance and maintenance
During probate, estate real estate is still the executor's responsibility. If the property's insurance lapses (many insurers cancel policies within 30–60 days when the named insured dies), the estate is uninsured. Water damage, vandalism, or a liability claim can be devastating. Contact the insurer immediately to transfer or maintain coverage in the estate's name.
10. Not communicating with beneficiaries
Beneficiaries who feel ignored assume the worst. Most executor misconduct claims are filed by beneficiaries who felt uninformed. Send a brief update every 4–6 weeks: what's been done, what's pending, expected timeline. Transparency prevents suspicion. If beneficiaries disagree with a decision, document your reasoning in writing.
Key Resources for Executors
Get an EIN for the estate: IRS.gov — Apply for EIN online (free, 15 minutes)
File decedent's final tax return: IRS.gov — Deceased Taxpayers
Estate income tax return (Form 1041): IRS Form 1041 instructions
Notify Social Security: SSA Publication — When Someone Dies or call 1-800-772-1213
Notify Medicare: Medicare.gov or call 1-800-633-4227
Notify VA (if veteran): VA.gov — Survivor Claims
Probate court forms: See your state guide for direct links to your state's official court forms
Find a probate attorney: FastProbates attorney directory → or your state bar's lawyer referral service
Probate glossary: 50+ terms defined →
How much will probate cost? State-by-state cost guide →
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