Probate Checklist - How to Open a Probate Estate

If you believe the decedent has drafted a last will and testament, locate and thoroughly study this document, as it will reveal whether or not the decedent has named a personal representative (aka executor) to handle his estate. If an executor is named, turn the will over to that individual. You legally have no further responsibilities, in managing the probate estate. 

Move on to Step 3 if the decedent did not leave a will. 

The decedent's will should identify his beneficiaries, which are the individuals to whom he or she wishes to leave his property. Compile a list of their names and contact information, including addresses, phone numbers, dates of birth, Social Security numbers and email addresses. If a beneficiary is deceased, obtain his or her original death certificate.

This list should include every asset the decedent owned, including cash left in his wallet, bank accounts, investments, jewelry, personal effects, furniture, collectibles, cars, boats, real estate, life insurance policies, retirement accounts, and business interests. 

Liabilities are the financial obligations that a person has. This list of the decedent's liabilities should include all of their creditors. List all the debts, including mortgages, personal loans, utilities, credit cards, and medical bills.

The executor of the will and its beneficiaries should plan to attend the first meeting with an estate lawyer--either in person or by phone. If the decedent didn't have a will, his heirs-at-law should attend as well, as these individuals may be entitled to collect some of the inheritance, even without a will, purely due to a degree of kinship.

Different states and counties can have different requirements regarding the legal documents required to officially open estates with probate courts. Estate lawyers and probate court clerks can furnish you with a list of necessary items. Just be sure to hire local attorneys who are familiar with your particular county's local probate rules.  

After all the appropriate legal paperwork is filed with the probate court, you must wait until the probate judge reviews the file. He'll then either admit the will or estate for probate or request additional information. Finally, he will authorize a personal representative to act on behalf of the estate and its beneficiaries, by granting him or her "letters testamentary" or "letters of administration." 

The personal representative of the estate should handle everything else from this point forward. He or she should provide copies of all orders signed by the judge and should provide letters testamentary to the financial institutions where the decedent's assets are located, letting them know that he or she is authorized to take control of them.