$0 When Your Father Dies — First Steps Guide

Estate Executor Checklist: Every Step After a Parent Dies

Being named executor of your father's estate is not an honor in any practical sense. It's a second job — often unpaid unless the will or local law provides compensation, emotionally loaded, and full of deadlines you didn't know existed until you started missing them.

Most people accept the role because the will names them and they don't realize they can decline. You can decline. But if you've already accepted, here's the sequence of work ahead of you, in the order it needs to happen.

Before Probate Opens

Locate the original will. If the original is missing, whether a photocopy can be admitted depends on local law and court procedure. Check his home — desk drawers, filing cabinets, safe deposit boxes. Contact his attorney if he had one. Safe deposit box access laws vary by state; some allow immediate family access with a death certificate, others require a court order.

Secure the property. Change locks if necessary. Check on pets. Adjust the thermostat. Pause mail and package deliveries to prevent theft. If the home will be empty during funeral arrangements, don't advertise the service address publicly — obituary-linked burglaries target unoccupied homes.

Order 10 to 15 certified death certificates. Many financial institutions, insurance companies, and government agencies require certified copies, but requirements vary. The funeral home or county registrar handles this. In the US, register the death in the county where the death occurred.

Don't distribute anything yet. The impulse to give siblings their share or donate his belongings immediately is strong. Resist it. Until probate is formally opened and debts are validated, distributing assets can create personal liability for the executor.

Opening Probate

File the will with the probate court. Do this promptly; the filing deadline varies by state. You'll petition for Letters Testamentary — the court document that gives you legal authority to act on behalf of the estate. Banks and brokerages may require these letters before releasing information from a sole-name account.

If there's no will, file for Letters of Administration instead. The court appoints an administrator under the jurisdiction's priority rules and distributes assets according to intestacy law.

Apply for an Employer Identification Number. The estate needs its own EIN from the IRS — apply online at irs.gov. You'll need it to open the estate bank account.

Open a dedicated estate bank account. Estate income and proceeds payable to the estate go into this account. All estate expenses get paid from it. Never mix estate funds with your personal accounts — co-mingling creates legal and tax complications that are expensive to untangle.

Notifying Institutions

You will make more phone calls in the first month of estate administration than you've made in the past year. Each institution has its own process, its own forms, and its own timeline.

Social Security Administration: Call 1-800-772-1213 if the funeral home has not reported the death. If your father received Social Security benefits, no benefit is due for the month of death; payments issued afterward for that month generally must be returned. The surviving spouse may be eligible for survivor benefits.

Banks and brokerages: Present the death certificate and, when requested, Letters Testamentary. Sole-name accounts may be restricted and handled through the estate; joint accounts with a surviving spouse typically pass automatically, but confirm the account terms.

Insurance companies: File claims on life insurance policies, which may pay directly to named beneficiaries and bypass probate; confirm the beneficiary designation. Check for policies through his employer, his mortgage lender, and any professional organizations.

Credit bureaus: Contact Equifax, Experian, and TransUnion to place a deceased flag on his credit file. This helps deter new account applications under his identity.

Veterans Affairs: If he was a veteran, the VA may provide a burial allowance, a headstone or marker, and survivor benefits for the spouse. File VA Form 21P-530EZ for the burial allowance.

Subscriptions and memberships: Cancel or transfer gym memberships, streaming services, magazine subscriptions, club dues. Audit his bank statements for recurring charges.

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The Asset Inventory

Most probate courts require a formal inventory of all estate assets, typically due within 90 days of the executor's appointment. This inventory includes:

  • Real property (house, land, rental properties) with fair market values
  • Financial accounts (checking, savings, brokerage, retirement)
  • Vehicles, boats, recreational equipment
  • Life insurance policies and beneficiary designations (noting that proceeds may pass outside probate)
  • Personal property of significant value (jewelry, art, collectibles)
  • Business interests, partnerships, intellectual property
  • Debts owed to the deceased (loans made to others, promissory notes)

Get professional appraisals for real estate and any personal property whose value is contested or uncertain. For federal tax purposes, inherited property generally uses its fair-market value at the date of death as its basis.

Settling Debts

Heirs are generally not responsible for a parent's unsecured debts. Credit card balances, medical bills, and personal loans are paid from the estate. If the estate can't cover them, the creditors take the loss. Debt collectors may call and imply otherwise — they're wrong, and in some states, their calls violate the Fair Debt Collection Practices Act.

Exceptions: debts you co-signed, joint credit cards, and in some community property states, debts incurred during marriage.

Pay debts in the correct order. The order of priority is set by state law. Do not assume a generic sequence; if the estate may be insolvent, get local legal advice before paying claims.

Filing Taxes

Final personal return: For a calendar-year taxpayer, covers January 1 through the date of death and is generally due by April 15 of the following year. If your father was married, the surviving spouse can file a joint return for the year of death.

Estate income tax return (Form 1041): Required if the estate generates at least $600 in gross income during administration. This covers interest, dividends, rental income, and capital gains earned by estate assets after the date of death.

Estate tax return (Form 706): Generally required when the gross estate plus adjusted taxable gifts exceeds the federal filing threshold; a Form 706 may also be filed below that threshold to elect portability. The federal exemption is approximately $13.6 to $13.9 million. Most estates won't need this. But check your state — states like Massachusetts, Oregon, and Illinois have estate tax thresholds as low as $1 million to $4 million.

Distributing Assets and Closing

Once all debts are paid, taxes filed, and the required waiting period has passed (allowing creditors time to file claims), you can distribute the remaining assets according to the will.

Get receipts. Every beneficiary who receives a distribution should sign a receipt acknowledging what they received. This protects you if anyone later disputes the distribution.

File a final accounting with the probate court — a complete record of all assets received, debts paid, expenses incurred, and distributions made. The court reviews it and issues a formal discharge, releasing you from further liability.

The entire process can take several months or longer for a straightforward estate. Complex estates with real property in multiple states, business interests, or contested wills can take years.

If you're handling executor duties alongside your own grief and family dynamics, the When Your Father Dies toolkit includes fillable trackers for every phase — from the first 48 hours through estate closure.

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