Summary. A working kit: diagnostic worksheets, the opening documents, the creditor package, the inventory and ledger, beneficiary communications, the closing package, a tax calendar with the two nine-month deadlines, and the authorities.

SECTION A — DIAGNOSTICS

A-1. Asset titling worksheet — does this estate need probate at all?

Asset Title / registration Beneficiary named? Survivorship? In trust? Probate asset? Date-of-death value
Residence — ☐ JTWROS ☐ TBE ☐ TOD deed ☐ ☐
Other real property — ☐ ☐
Checking ☐ POD ☐ ☐ ☐
Savings ☐ POD ☐ ☐ ☐
Brokerage ☐ TOD ☐ ☐ ☐
401(k) / 403(b) ☐ — — usually NO
IRA ☐ — — usually NO
Life insurance ☐ — — usually NO
Annuity ☐ — —
HSA ☐ — —
Vehicles ☐ TOD ☐ ☐
Business interest ☐ ☐
Personal property — — — ☐ ☐
PROBATE ESTATE TOTAL $______

The will controls only the probate estate. Beneficiary designations and titling beat the will, every time.

A-2. Small estate threshold check

State threshold: $__________
What COUNTS toward it in this state:
  □ Real property?      □ Yes  □ No  ← frequently excluded
  □ Vehicles?           □ Yes  □ No
  □ Exempt property?    □ Yes  □ No
  □ Non-probate assets? □ Yes  □ No  ← usually excluded

PROBATE ESTATE (from A-1, counting only what counts): $__________
                                    Under threshold?  □ Yes  □ No

If YES → SMALL ESTATE AFFIDAVIT
  Waiting period after death: ______ days
  Where to present it: bank · transfer agent · DMV
  No court filing, no letters, no lawyer.

If NO → check next:
  □ Summary administration (threshold $______ / sole-beneficiary spouse)
  □ Muniment of title / determination of heirship (no debts)
  □ INFORMAL or UNSUPERVISED administration — ASK BY NAME
  □ Full supervised administration

A-3. Solvency screen (run this before paying anything)

ASSETS available to creditors (probate estate only)     $________
LESS: exempt property, homestead, family allowance      ($_______)
                                       AVAILABLE        $________

DEBTS, by statutory priority class
  1. Administration costs (est.)                        $________
  2. Funeral expenses                                   $________
  3. Family / homestead allowances                      $________
  4. Federal claims and taxes                           $________
  5. Last illness expenses                              $________
  6. State taxes                                        $________
  7. General unsecured                                  $________
                                       TOTAL DEBTS      $________

                          SOLVENT?  □ Yes  □ No  □ TOO CLOSE

⚠ If NO or TOO CLOSE: pay NOTHING outside priority order.
  Paying a lower class before a higher one makes the representative
  PERSONALLY LIABLE for the shortfall. Good faith is not a defense.

SECTION B — OPENING

B-1. Petition for probate — outline

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY
[or FOR LETTERS OF ADMINISTRATION]

 1. Decedent: full name, any other names used, date of death,
    place of death, age, Social Security number (as the court requires).
 2. DOMICILE at death: county and state. [Facts if contestable:
    driver's license, voter registration, tax returns, residence.]
 3. Petitioner: name, address, relationship, and basis for priority
    (nominated in the will / statutory priority as ______).
 4. The will dated ______ is the decedent's last will; no later will
    is known. □ Self-proving affidavit attached □ Witness proof needed
 5. Heirs and devisees: name, address, age, relationship, and share.
    [Minors and incapacitated persons identified; guardian ad litem
    requested if required.]
 6. Approximate value: real property $____ personal property $____
    annual income $____.
 7. Bond: □ waived by the will □ waived by heir consent (attached)
    □ requested in the amount of $______
 8. Character of administration requested: □ informal □ unsupervised
    □ supervised
 9. Venue and jurisdiction allegations.

WHEREFORE, Petitioner requests that the will be admitted to probate,
that Letters issue to Petitioner, and for such other relief as is
proper.

ATTACH: original will · certified death certificate · renunciations
        · bond or waivers · notice list · proposed order

B-2. Opening tasks

□ Order 6–10 CERTIFIED LETTERS (institutions want originals, often
  dated within 60 days)
□ Obtain EIN for the estate
□ Open ONE estate bank account — NEVER commingle
□ Start the ledger (Section D-2) on day one
□ Start a contemporaneous time record if the fee will be time-based
□ Redirect mail
□ Photograph every room BEFORE family visits
□ Notify credit bureaus of the death
□ Send the beneficiary opening letter (E-1)
□ Confirm insurance — VACANCY PROVISION — and keep utilities on

SECTION C — THE CREDITOR PACKAGE

C-1. Published notice to creditors

NOTICE TO CREDITORS

In the Estate of [Full Name], Deceased. Case No. [__], [Court], [County], [State].

Letters [Testamentary / of Administration] on the estate of [Name], who died on [date], were issued on [date] to [Representative], whose address is [address].

All persons having claims against this estate are required to present them to the undersigned, in the manner prescribed by law, within [__] months after the date of first publication of this notice, or the claims will be forever barred.

Date of first publication: [date].

[Representative name and address] · [Attorney, if any]

C-2. Direct notice to a known creditor — constitutionally required

[Date] · Certified mail, return receipt requested

Re: Estate of [Name], deceased [date] · [Court], Case No. [__]

You are hereby notified that [Name] died on [date] and that Letters were issued to the undersigned on [date].

Our records indicate that the decedent may have owed your organization on account [number]. If you have a claim against this estate, you must present it in the manner prescribed by [statute § ___] on or before [DATE], or it will be forever barred.

Claims should be sent to: [name and address].

Please include: the amount claimed, the basis, the date incurred, supporting documentation, and whether the claim is secured.

[Representative]

Send to every reasonably ascertainable creditor. Publication alone is not adequate notice to a known creditor.

C-3. Claim log

# Creditor Date received Amount Basis Secured? Priority class Verified against records? Allowed / Disallowed Date notice sent Suit deadline Paid (date/amount)

C-4. Allowance and disallowance letters

ALLOWANCE. The claim presented by you on [date] in the amount of $______ is allowed in the amount of $______. It will be paid in the order of priority established by [statute § ___] after the claim period closes and the estate's obligations are determined. Payment is not authorized before that time.

DISALLOWANCE. The claim presented by you on [date] in the amount of $______ is disallowed, in whole [or in part, to the extent of $___], for the following reason: [].

You are notified that unless you commence suit on this claim, or a petition for allowance, within [__] days after the date this notice was mailed, the claim will be forever barred. [Statute § ___.]

Date mailed: [date] · [Representative]

C-5. Statutory priority worksheet

Class Description Total claimed Available Paid Balance
1 Costs of administration
2 Funeral expenses (statutory limit $____)
3 Family allowance / homestead / exempt property
4 Federal claims and taxes
5 Expenses of last illness
6 State taxes
7 General unsecured (pro rata if short)

Secured creditors stand outside this scheme to the extent of collateral; any deficiency drops into class 7.

SECTION D — INVENTORY AND LEDGER

D-1. Inventory of the probate estate

# Description How titled Date-of-death value Basis of value (appraisal / statement / KBB) Encumbrance Net
REAL PROPERTY
BANK / BROKERAGE
BUSINESS INTERESTS
VEHICLES
PERSONAL PROPERTY
CLAIMS OWED TO DECEDENT
TOTAL $______

Date-of-death values establish the basis step-up. Get real appraisals for real property, business interests, collections, and jewelry — it protects the inventory, the tax return, and you.

D-2. Estate ledger

Date Description Category Receipt (+) Disbursement (−) Balance Receipt on file?
Opening deposit
Administration cost ☐
Funeral ☐
Insurance premium ☐
Utilities ☐
Appraisal ☐
Tax payment ☐
Sale proceeds ☐
Distribution ☐

Ten minutes a week. This ledger becomes the accounting, and it is the representative's personal protection.

SECTION E — BENEFICIARIES

E-1. Opening letter

Re: Estate of [Name]

Dear [Beneficiary]:

On [date] I was appointed [Personal Representative] of [Name]'s estate by the [Court], Case No. [__].

What happens now. I am required to identify and value the estate's assets, publish notice to creditors and notify known creditors directly, allow the claim period to run (approximately [__] months), file the necessary tax returns, and prepare an accounting. Only after all of that can anything be distributed. I am not permitted to distribute earlier, and if I did I could be held personally responsible for claims that arrive afterward.

How long. I expect the administration to take approximately [__] months. I will write to you every quarter with an update.

What I need from you. Please confirm your current mailing address, and provide your Social Security number for tax reporting purposes when distributions are made.

Personal property. [State the method that will be used and when — see E-2.]

Questions. Please put them in writing at [address/email] and I will answer in writing.

E-2. Personal property distribution protocol

ANNOUNCE THE METHOD IN WRITING BEFORE ANYONE SELECTS ANYTHING.

□ 0. Photograph everything first, including drawers and closets.
□ 1. Check for a written memorandum of tangible personal property
     incorporated by the will — it controls if it exists.
□ 2. Set aside specific bequests in the will.
□ 3. Appraise anything of unexpected value BEFORE it leaves.
□ 4. Choose ONE method and state it:

   ROTATING SELECTION — beneficiaries draw an order and take turns
     choosing one item each, reversing each round.
   VALUATION AND OFFSET — items appraised; anyone taking more than
     their share offsets the excess against their cash distribution.
   CLOSED BID among beneficiaries; proceeds to the estate.
   ESTATE SALE; proceeds divided.

□ 5. Firearms: check transfer rules BEFORE moving anything.
□ 6. Record who claimed what — but DISTRIBUTE AT THE END, with
     everything else, on the receipt and release.

SECTION F — CLOSING

F-1. Accounting format

FIRST AND FINAL ACCOUNT — Estate of [Name], Case No. [__]
Period: [date of appointment] to [date]

I.   ASSETS ON HAND AT APPOINTMENT (per Inventory)      $________
II.  RECEIPTS
       Income (interest, dividends, rent)               $________
       Sale proceeds (Sch. A, with gain/loss)           $________
       Refunds and reimbursements                       $________
       After-discovered assets (Sch. B)                 $________
                                       TOTAL RECEIPTS   $________
III. DISBURSEMENTS
       Administration costs (Sch. C)                    $________
       Funeral expenses                                 $________
       Family / homestead allowance                     $________
       Creditor claims paid, by class (Sch. D)          $________
       Taxes paid (Sch. E)                              $________
       Representative's compensation                    $________
       Attorney's fees                                  $________
                                  TOTAL DISBURSEMENTS   $________
IV.  DISTRIBUTIONS TO BENEFICIARIES (Sch. F)            $________
V.   BALANCE ON HAND / RESERVE                          $________

I + II − III − IV = V     ← must tie to the bank statements

VERIFICATION: I declare under penalty of perjury that this account
is true and complete.  _______________  [Date]

F-2. Receipt and release

RECEIPT, RELEASE, AND WAIVER

I, [Name], a [beneficiary / heir] of the Estate of [Decedent], acknowledge that I have received from [Representative] the following in full satisfaction of my interest in the estate:

Item Value
Cash $______
[Specific property] $______
Total $______

I acknowledge that I have received [a copy of the accounting / an informal accounting] and have had an opportunity to review it and to ask questions. I waive the filing and approval of a formal account [where the state permits], and I release and discharge [Representative], individually and as Personal Representative, from all claims arising out of the administration of this estate.

I agree that if any asset of the estate is discovered after the date of this Receipt, or if any claim is asserted against the estate that must be satisfied, I will return so much of the distribution as is necessary to satisfy it.

Dated: ______ Signature: ______________ SSN (for reporting): ______

F-3. Petition for discharge

Petitioner has fully administered the estate: the claim period expired on [date]; all claims have been allowed and paid, or disallowed and barred; all tax returns have been filed and all taxes paid; the final account has been [approved / waived by all beneficiaries]; all property has been distributed and receipts and releases obtained from each distributee (attached).

WHEREFORE Petitioner requests that the final account be approved, that Petitioner be discharged as Personal Representative, and that the surety on any bond be released.

Obtain the order. Keep it permanently — it is what answers a claim made three years from now.

SECTION G — TAX CALENDAR

Filing When Note
Final Form 1040 Ordinary due date for the year of death Joint filing with a surviving spouse generally available
Form 1041 (estate income) For each year the estate is open Required above a low threshold
Form 706 (federal estate tax) 9 months after death 26 U.S.C. § 6018; extendable 6 months to file, not to pay
PORTABILITY ELECTION With Form 706 Requires filing even when NO TAX IS OWED (26 U.S.C. § 2010). The most missed election in estate practice — evaluate in month 3
Alternate valuation Elected on Form 706 26 U.S.C. § 2032 — only if it reduces both the gross estate and the tax
Marital deduction / QTIP On Form 706 26 U.S.C. § 2056
QUALIFIED DISCLAIMER 9 months — absolute 26 U.S.C. § 2518: in writing · before accepting any benefit · passing without the disclaimant's direction
State estate / inheritance Varies Thresholds frequently far below the federal exclusion

SECTION H — PRIMARY AUTHORITY

Related documents

This toolkit is educational and not legal advice. Every form must be adapted to state law and the local court's requirements; probate procedure, notice content, deadlines, and accounting formats are jurisdiction-specific.