A Loved One Has Died. What Are the First Probate Steps?

Secure property and important records

Reasonable steps may include securing a residence and vehicles, caring for pets, forwarding mail, and safeguarding financial and legal records. Locate the original will, trust documents, deeds, account statements, insurance information, and recent tax returns if available.

Certified death certificates are commonly needed, but avoid distributing or retitling estate property before confirming who has authority.

Identify assets and how each one is titled

Some property may pass by beneficiary designation, survivorship, or trust ownership. Other property may require a probate appointment before anyone can collect, sell, or transfer it. Debts and ongoing expenses should also be identified.

Determine the appropriate court process

A will may support a petition for letters testamentary. If there is no will, an eligible person may seek letters of administration. A smaller estate may qualify for summary distribution if all legal requirements are met.

The correct process depends on the county, the documents, the assets, and the family circumstances.