Probate Compliance Checklist

Obtain Certified Death Certificate(s)

Request multiple certified copies from the county vital records office or funeral home. Most institutions require original certified copies.

Locate and Review the Will

Search the decedent's records, safe deposit boxes, and contact their attorney. File the original will with the probate court.

File Petition for Probate

Submit the application to open probate and request appointment as personal representative/executor at the local probate court.

Obtain Letters Testamentary/Administration

Once appointed, obtain certified copies of your letters. These authorize you to act on behalf of the estate.

Identify Known Creditors

Review the decedent's records, mail, and financial statements to compile a list of all known creditors and debts.

Publish Notice to Creditors

Publish the required legal notice in a newspaper of general circulation. Requirements vary by state (typically 1-4 weeks of publication).

📍 TX: 1 month to publish | CA: 4 months for claims | FL: 3 months | IL: 6 months | NC: 90 days | MI: 4 months

Mail Notice to Known Creditors

Send written notice to all identified creditors. Keep copies and proof of mailing for your records.

Set Up Automated Obituary Monitoring

Use ObituaryMonitor to track death notices for beneficiaries, potential heirs, and parties of interest. Generates court-ready audit logs.

Conduct Heir/Beneficiary Search

Document your diligent search efforts to locate all beneficiaries named in the will and intestate heirs if applicable.

Complete Asset Inventory

Identify and value all estate assets including real property, bank accounts, investments, personal property, and digital assets.

Maintain Detailed Records

Keep meticulous records of all estate transactions, communications, and decisions. Courts may require accounting.

Generate Search Audit Logs

Document all creditor and heir search activities with timestamps and source citations. ObituaryMonitor provides court-ready PDFs.

File Required Tax Returns

File the decedent's final income tax return, estate tax return (if required), and any fiduciary income tax returns.

Pay Valid Creditor Claims

Review and pay valid claims in order of priority as specified by state law. Document all payments.

Distribute Remaining Assets

After paying debts and expenses, distribute assets to beneficiaries according to the will or intestacy laws.

File Final Accounting & Close Estate

Submit the final accounting to the court, obtain releases from beneficiaries, and petition to close the estate.