Executor checklist — two words that can bring order to one of the most overwhelming jobs a family member will ever face. When someone passes away and names you as executor, you become responsible for settling their entire estate. That means finding assets, paying debts, filing taxes, and distributing what remains to the right people. However, most executors have never done this before. A clear, step-by-step executor checklist keeps you on track and helps you avoid costly mistakes during an already difficult time.
When and Why You Need an Executor Checklist
You need an executor checklist the moment you learn you have been named executor in someone’s will. In most cases, the first legal deadline hits within days — not weeks. For example, Florida requires you to file the will with the court within 10 days of learning of the death. California, Illinois, Ohio, and Massachusetts each give you 30 days. Missing these deadlines can make you personally liable for damages.
An executor checklist matters because the job involves dozens of tasks spread over 6 to 18 months. Without a written plan, it is easy to forget a critical step. As a result, you could face penalties from the IRS, lawsuits from beneficiaries, or removal by the court. Typically, even a simple estate requires filing tax returns, notifying creditors, and keeping detailed financial records. A good executor checklist breaks all of this into manageable steps.
What to Include in Your Executor Checklist (and What to Get Right)
Every executor checklist should cover five main phases: (1) immediate steps after death, (2) opening probate, (3) managing estate assets, (4) paying debts and taxes, and (5) distributing assets and closing the estate. Each phase has specific tasks and deadlines that vary by state. Getting the order right matters — for example, you typically cannot distribute assets until all debts and taxes are paid.
Tax deadlines are among the most important items on your executor checklist. For 2026 deaths, a federal estate tax return (IRS Form 706) is required only if the estate exceeds $15,000,000. However, the estate’s income tax return (IRS Form 1041) is due if the estate earns just $600 or more in gross income. Form 706 is due 9 months after the date of death. Form 1041 is due April 15 of the following year for calendar-year estates.
Executor compensation also varies by state. Before you begin work, understand what your state allows. In most cases, the will or the court sets the fee.
| State | Executor Compensation Rule | Example on $500,000 Estate |
|---|---|---|
| California | Statutory: 4% on first $100K, 3% on next $100K, 2% on next $800K | $13,000 |
| New York | Statutory: 5% on first $100K, 4% on next $200K, 3% on next $700K | $18,000 |
| Florida | Presumed reasonable: 3% on first $1M | $15,000 |
| Texas | Up to 5% of gross receipts and disbursements | Up to $25,000 |
| Ohio | Statutory: 4% on first $100K, 3% on next $300K, 2% above $400K | $15,000 |
Sample Executor Checklist Template You Can Adapt
Below is a sample executor checklist template you can print and use. Adapt it to your state’s requirements and your specific situation.
Sample template — adapt to your state and your situation. This is an informational sample, not legal advice.
EXECUTOR CHECKLIST FOR THE ESTATE OF [Full Legal Name of Deceased]
Phase 1 — Immediate Steps (Days 1–10)
- ☐ Obtain [number] certified copies of the death certificate from [County] vital records
- ☐ Locate the original will and any codicils
- ☐ File the will with the [County] Probate Court within [state deadline, e.g., 30 days]
- ☐ Secure the deceased’s home, vehicles, and valuables
- ☐ Notify the deceased’s employer, Social Security (800-772-1213), and insurance companies
Phase 2 — Open Probate (Weeks 2–6)
- ☐ Petition the [County] Probate Court for Letters Testamentary
- ☐ Post executor bond if required by [State] law or the will (amount: $[bond amount])
- ☐ Obtain an Employer Identification Number (EIN) for the estate at irs.gov
- ☐ Open an estate bank account at [Bank Name]
- ☐ Send written notice to all beneficiaries named in the will
- ☐ Publish notice to creditors in [local newspaper] as required by [State statute section]
Phase 3 — Inventory and Manage Assets (Months 2–4)
- ☐ Prepare a complete inventory of all assets (real estate, bank accounts, investments, personal property)
- ☐ Obtain appraisals for real estate and valuable personal property
- ☐ File the inventory with the probate court by [state deadline]
- ☐ Continue paying essential bills (mortgage, utilities, insurance) from the estate account
- ☐ Manage or sell assets as needed and permitted by the will or court order
Phase 4 — Pay Debts and Taxes (Months 3–9)
- ☐ Review all creditor claims; accept valid claims, reject invalid ones in writing
- ☐ Pay valid debts from the estate account in order of [State] priority
- ☐ File the deceased’s final personal income tax return (IRS Form 1040) — due April 15 of the year after death
- ☐ File estate income tax return (IRS Form 1041) if estate earned $600+ in income
- ☐ File federal estate tax return (IRS Form 706) if estate exceeds $15,000,000 — due 9 months after death
- ☐ File [State] inheritance or estate tax return if applicable — due [state deadline]
- ☐ Request IRS estate tax closing letter if Form 706 was filed ($56 fee)
Phase 5 — Distribute and Close (Months 6–18)
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- ☐ Prepare a final accounting of all receipts, expenses, and distributions
- ☐ Obtain receipts or signed releases from each beneficiary
- ☐ Distribute remaining assets according to the will
- ☐ File the final accounting with the [County] Probate Court
- ☐ Petition the court to close the estate and discharge you as executor
- ☐ Keep copies of all records for at least [3–7] years
How to Make Your Executor Checklist Valid in Your State
An executor checklist itself is not a legal document that requires signatures or notarization. However, the actions on your checklist must follow your state’s probate code exactly. For example, some states require you to post a surety bond before the court grants you authority to act. The will can often waive this requirement, but the court always retains discretion to require one anyway.
Whether you need a bond — and how much — depends on your state. In California and Ohio, bond is required by default unless the will waives it. In New York, executors named in a will typically do not need a bond unless the court orders one. In Illinois, bond must be at least 1.5 times the value of personal estate assets. Check with your state’s probate court clerk to confirm what applies to you.
| State | Will-Filing Deadline | Small Estate Threshold (No Full Probate) | Typical Probate Duration |
|---|---|---|---|
| California | 30 days | $208,850 (personal property, 2025–2026) | 12–18 months |
| Florida | 10 days | $75,000 (summary administration) | 6–9 months |
| New York | No hard deadline | $50,000 (personal property) | 9–15 months |
| Texas | Within 4 years | $75,000 (excl. homestead) | 6 months–4 years |
| Illinois | 30 days | $150,000 (personal property, eff. 2025) | 6–12 months |
Frequently Asked Questions
Do I need a lawyer to follow an executor checklist?
Not always. Many simple estates can be settled without an attorney, especially if your state’s probate court offers self-help resources. However, if the estate involves real estate in multiple states, disputes among beneficiaries, or complex tax issues, consulting a licensed probate attorney is strongly recommended. In most cases, attorney fees are paid from the estate, not from your own pocket.
What happens if I miss a deadline on the executor checklist?
Consequences vary by state. In Florida, failing to file the will within 10 days can make you liable for costs and damages. In Ohio, missing the 30-day filing deadline can result in fines or removal as executor. For IRS deadlines, late filing typically triggers penalties and interest. If you realize you have missed a deadline, contact the probate court or a licensed attorney right away.
Can I use this executor checklist if there is no will?
Yes, with modifications. When there is no will, the court appoints an “administrator” instead of an executor. The steps are very similar — you still need to inventory assets, pay debts, file taxes, and distribute property. However, assets are distributed according to your state’s intestacy laws rather than a will. The court may also require a surety bond. An executor checklist adapted for intestate estates can still keep you organized throughout the process.
Planning ahead? Check your life insurance too
A will decides who gets what — life insurance decides how your family pays the bills while the estate settles. It is worth checking that your coverage and beneficiaries are up to date.
Find Your State’s Exact Rules
Probate cost, small-estate limits, intestate shares, and estate-tax rules all change from state to state. Pick your state to see the exact figures that apply where you live.
See Wills & Probate Rules for Every State →
Sources & How to Verify
The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.
- IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
- Find free legal help: lawhelp.org — free and low-cost legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms
Content last reviewed June 2026. If you notice outdated information, please contact us.
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Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.