12 Probate Documents to Include in Your Probate Checklist

Probate—the court process of settling an estate—can be a complicated, time-consuming process. It’s also document-heavy. 

Having all the necessary documents in order can help streamline probate, reducing potential conflicts and hang ups. 

There are 12 essential documents that should be part of every probate checklist, each of which plays a part in ensuring the estate is properly administered and that the decedent’s wishes are honored. 

In this article, you’ll learn what each document is, how to obtain it, and what purpose it serves. Making sure you have and understand all the necessary documents can help make probate a smoother process for everyone involved.

1. Original will 

What it is: Submitting the decedent’s original will to the appropriate court is the first crucial step in initiating the probate process. The original will serves as the legal document outlining the deceased person’s wishes for how their probate assets are distributed. 

Why it matters: The court needs the original document to verify the decedent’s wishes and begin the probate process. Copies of the will may or may not be accepted depending on the court. 

What else: If the original will is lost, probate may be delayed and the court will likely proceed according to formal proceedings to verify the contents of the lost will or distribute the estate according to the state’s specific intestate succession laws. 

Further reading: Does a Will Avoid Probate? The Truth and Common Misconceptions

2. Death certificate

What it is: The death certificate confirms that the decedent has passed away and legally enables the probate process to begin. 

Why it matters: The death certificate is essential to legally confirm the death and initiate any legal proceedings concerning the estate. 

What else: If possible, the estate administrator should obtain multiple copies of the death certificate as it will be needed by banks and insurance companies in addition to the probate court. Make sure to keep the death certificate and copies in a safe but accessible place. 

3. Letters of testamentary

What it is: Letters of testamentary (also known as letters testamentary or certificate of appointment) are official documents issued by the probate court that give the executor or personal representative the legal authority to act on behalf of the estate. 

Why it matters: Without a letter of testamentary, the executor cannot act on behalf of the estate to begin the process of distributing assets, paying debts, or managing the decedent’s estate. 

What else: The steps to get a letter of testamentary can vary by state, but generally include: 

• Gathering the necessary documents for the letter of testamentary application. This usually includes a copy of the will, the death certificate, personal ID, and any other jurisdiction-specific documents or forms. 
• Submitting the application to petition the court to grant the letter of testamentary. 
• The executor may need to appear at a court hearing where the application will be verified and approved. 

Once these steps are completed, the probate court will issue the executor a letter of testamentary or certificate of appointment and the probate process can officially begin. 

4. Inventory of assets

What it is: An inventory of assets is exactly what it sounds like: A complete list of all property, financial accounts, insurance policies, and any other items of value owned by the decedent. 

Why it matters: The inventory allows the executor to understand the scope of the estate and ensures all assets are accounted for during probate. 

What else: The inventory should be as detailed as possible and should include anything of value—real estate, bank accounts, insurance policies, vehicles, jewelry, etc. The executor must submit the asset inventory to the probate court and provide updates if any new assets are discovered or if there are other changes to the estate. 

5. Creditors’ claims

What it is: Creditors’ claims are any claims made by debtors of the decedent at the time of their death. This could include loans or mortgages, unpaid income taxes, alimony or child support payments, credit card bills, healthcare bills and more. 

Why it matters: The executor is responsible for settling these debts before distributing the estate. Reviewing and validating creditors’ claims ensures the estate’s obligations are met. 

What else: The estate’s executor may be required to put out a notice to creditors, which informs any potential creditors of the person’s death and opens a creditor claim period. This may also be completed by the court. The amount of time varies by state, but the creditor claim period designates a specific amount of time in which creditors must come forward to claim any unpaid debts. 

It’s the executor’s responsibility to review, validate, and respond to these claims. If debts aren’t properly settled, creditors may be able to take legal action against the estate. 

6. Trust documents

What it is: If the decedent had set up any trusts before their death, the trust document outlines the terms of the trust and how it should be handled. 

Why it matters: Trusts usually bypass the probate process, but the trust documents should  be reviewed to ensure the trust’s contents are handled according to the decedent’s wishes. 

What else: The trustee appointed in the trust should review the trust documents carefully to get a firm grasp on its terms, assets and beneficiary designations. This helps ensure there are no conflicts or misunderstandings among the executor, the trustee(s), and the designated beneficiaries.

7. Property deeds

What it is: Property deeds are the proof of ownership for any real estate the decedent had at the time of their death. The deeds must be available to transfer or sell the property from the estate. 

Why it matters: These documents are crucial for properly transferring real property to heirs or selling it as part of the probate process. Property cannot be transferred without a deed. 

What else: The executor should make sure to review all property deeds for accuracy and to determine if there are any mortgages or liens that need to be addressed before ownership is transferred. 

8. Bank statements and financial records

What it is: Bank statements and records are important for understanding the decedent’s financial standings and how their money is held. The executor will need information on all accounts the decedent held including checking, savings, and investment accounts. 

Why it matters: These records help verify the estate’s financial status and ensure all financial obligations are met. 

What else: The executor should ensure that all financial accounts are identified and confirm the balance of each to help settle any outstanding debts and properly settle the estate. The executor may need to work with the bank to access or freeze the accounts. 

9. Life insurance policies

What it is: Life insurance policies typically fall outside of a person’s will and have their own named beneficiaries. This means the executor may need to review each policy to ensure beneficiaries receive their payouts directly, outside of probate. 

Why it matters: Life insurance payouts typically aren’t subjected to probate but may still be part of the estate administration process to ensure proper distribution. 

What else: It’s critical for the executor to review all life insurance policies the decedent had to ensure that all necessary claims are filed promptly with the insurance companies. Failure to do so may void the claim and prohibit beneficiaries from receiving their payouts. 

10. Tax returns (last filed return)

What it is: The executor will need to obtain the decedent’s last filed tax return, which will typically be dated the year before their death. This document is necessary to ensure any taxes the decedent owed at the time of their death are properly addressed.

Why it matters: The estate may be responsible for paying any taxes the decedent owed at the time of their death, which could include income taxes, state estate taxes, or federal estate taxes.

What else: The executor is responsible for submitting these returns to the IRS and for ensuring that the decedent’s estate is in compliance with tax laws, both federally and in the state where they lived. 

11. Power of attorney documents

What it is: A power of attorney (POA) is a legal document that grants a person, known as the agent or attorney-in-fact, the authority to act on behalf of another person, known as the principal, in legal, financial, or medical matters. 

Why it matters: In some cases, someone may have acted under power of attorney before the decedent passed. Having the document on-hand, along with the agent’s records, can help the executor and courts understand any actions that person may have taken leading up to the death. This is especially important if there is any ambiguity surrounding the decisions made under the power of attorney. 

What else: Ideally, any actions taken under the power of attorney would be clearly documented in real time. This provides clarity for the court’s reference if needed. The power of attorney may or may not be the same person as the executor. 

12. Funeral and burial instructions

What it is: In many cases, the decedent will have left behind instructions and wishes for their funeral as well as preferences regarding burial or cremation. It’s important for the executor to have access to any instructions that were left. 

Why it matters: Carefully following funeral and burial instructions the decedent left not only honors their wishes and preferences, it can help minimize conflicts among family members who may have varying opinions. 

What else: These instructions may be part of the will itself, or may be left separately in a letter of wishes or similar document. The executor should familiarize themself with the instructions and act quickly to ensure that the decedent’s wishes are upheld as closely as possible. 

Get your probate checklist in order today

Having all the necessary documents in order up front can help remove friction and stress from what is often a draining process. Getting the paperwork organized can help reduce delays so the estate can be settled as quickly as possible. 

If you’re getting ready to enter into the probate process on behalf of a loved one, use this article as a checklist to ensure you have everything in order and set yourself up for the easiest possible probate experience. 

The information provided here does not constitute legal, financial, or tax advice. It is provided for general informational purposes only. This information may not be updated or reflect changes in law. Please consult with an estate attorney, financial advisor, or tax professional who can advise as to your particular situation.