Finding the will and starting probate: what executors need to know
When someone you love passes, the executor's first job is locating the will and understanding what comes next. This sounds straightforward until you're actually doing it—because even finding the will can be harder than it should be.
Locating your loved one's will
Most people keep their will in one of a few places. The challenge is that many people don't tell anyone where they've stored their will. You might find yourself going through desk drawers, checking with multiple banks, or calling law firms you didn't know existed. If there's no will—or you can't locate it—the estate goes through intestate succession, where state law determines who inherits what.
Most people keep their will in one of a few places:
- A home safe or filing cabinet
- A safety deposit box at their bank
- With the deceased’s estate planning attorney
- In a state will registry (available in some states)
What happens after you find it
Once you have the will, you'll need to file it with the probate court in the county where the deceased lived. Most states require this within 30 days of death. The court then officially appoints you as executor, giving you legal authority to act on behalf of the estate.
This is where things get procedural. You'll receive Letters Testamentary (or Letters of Administration if there's no will), which are the legal documents proving your authority to banks, government agencies, and anyone else who needs proof you can manage the estate.
Understanding the probate process
Probate is the legal process of settling an estate. The executor gathers assets, pays debts and taxes, and distributes what remains to beneficiaries according to the will. In cases without a will, distribution follows state intestacy laws.
The timeline varies significantly. A straightforward estate might take nine to 12 months. Complex estates—those with business interests, real estate in multiple states, or contested claims—can take years.
What does and doesn't need probate
Not every asset goes through probate. Understanding the difference helps you know what you're dealing with. Small estates below a certain value may also qualify for simplified procedures that bypass full probate. The threshold varies by state—from $25,000 in some states to $184,500 in California.
Assets that typically require probate:
- Real estate titled in the deceased's name alone
- Bank accounts without beneficiary designations or joint owners
- Vehicles titled solely to the deceased
- Personal belongings and household items
- Investment accounts without transfer-on-death designations
- Business interests
Assets that usually avoid probate:
- Life insurance policies with named beneficiaries
- Retirement accounts (401(k)s, IRAs) with beneficiary designations
- Bank accounts with payable-on-death (POD) designations
- Investment accounts with transfer-on-death (TOD) designations
- Property held in joint tenancy with right of survivorship
- Assets held in a living trust
- Real estate with transfer-on-death deeds (in states that allow them)
Your fiduciary responsibility
As executor, you're taking on fiduciary duty. This means you're legally required to:
- Act in the estate's best interest
- Keep accurate records of all transactions
- Follow the will's instructions precisely
- Avoid conflicts of interest
- Communicate transparently with beneficiaries
Courts take this seriously. Executors who mismanage estates—even unintentionally—can face personal liability.
What the role actually involves
Beyond filing paperwork, you'll need to:
- Notify beneficiaries, creditors, and government agencies
- Inventory all assets and get appraisals where needed
- File the deceased's final tax returns
- Handle estate taxes if applicable
- Manage the estate's finances during probate
- Distribute assets according to the will
Executors are personally liable for mistakes in estate settlement.
What most executors don't expect
The full scope of the work often becomes clear only once you're in it. Beyond the legal requirements, there's the practical reality of settling someone's life—the house to sort through, the car to transfer, subscriptions to cancel, mail to redirect.
Work that extends beyond probate:
- Sorting through belongings and personal items
- Canceling utilities, subscriptions, and recurring services
- Transferring or selling vehicles
- Handling insurance claims
- Managing property until it sells
- Coordinating with multiple professionals
Getting support when you need it
Estate settlement requires precision. There are deadlines to meet, creditors to notify properly, and legal requirements to follow. When executors handle everything alone, they often piece together help from multiple sources—a lawyer for probate filings, an accountant for taxes, a real estate agent for property sales. Each professional handles their piece, but coordinating it all remains your responsibility.
Some executors choose to bring in comprehensive support that manages the entire process. This approach ensures every detail gets handled correctly while giving you space to focus on your family and your own process of grieving. It's about honoring your loved one's wishes with the care and precision they deserve.
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