Probate Document Checklist Generator
Never miss a required document. Generate a custom checklist for your state with descriptions, deadlines, and tracking.
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Pro Tips
- Order multiple certified death certificates (5-10) - you'll need them for various institutions
- Make copies of everything before submitting to court - originals may not be returned
- Keep all documents organized in labeled folders by category
- Track document deadlines in a calendar to avoid missing court requirements
- Consult with your probate attorney before submitting documents to ensure completeness
Important Disclaimer
This checklist is for general guidance only. Document requirements vary by state, county, and individual circumstances. Your probate attorney will provide a complete list of required documents specific to your case. This tool does not constitute legal advice.
Document Preparation Guide
Critical Documents You Can't File Without
- 1.Certified Death Certificate - Order 5-10 copies immediately. Funeral homes can help. You'll need originals for banks, insurance companies, and court filings. Expect 1-2 weeks for delivery.
- 2.Original Will - Must be the physical original with wet signatures, not a copy. If you only have a copy, you may need to file an "Lost Will" petition with additional proof.
- 3.Complete List of Heirs - Names, addresses, birth dates, and relationships. Missing or incorrect information will delay your petition. Hire a genealogist if necessary.
Common Document Mistakes
Using Photocopies Instead of Certified Copies
Courts require certified copies (with raised seal) of death certificates, not regular photocopies. Order extra certified copies from the start - getting more later adds weeks of delay.
Incomplete Asset Lists
Forgetting to include accounts like old 401(k)s, forgotten bank accounts, or jointly-owned property can require amending your petition. Do thorough searches before filing - check old mail, tax returns, and use unclaimed property databases.
Missing Signatures or Notarization
Many probate forms require notarized signatures. Missing just one signature means your documents get rejected and you lose your court date. Use a checklist and double-check every signature line before submitting.
Outdated Forms
Courts update forms regularly. Using last year's form can get your petition rejected. Always download forms directly from your county probate court website or get them from your attorney.
Where to Find Documents
Financial Documents
- • Check decedent's email for bank/investment statements
- • Review last 2 years of tax returns for income sources
- • Check mail for 3-6 months for account statements
- • Search state unclaimed property databases
- • Contact former employers about retirement accounts
Property Documents
- • County recorder for real estate deeds
- • DMV for vehicle titles
- • Homeowners insurance for property inventory
- • Safe deposit box (requires court order to access)
- • Attorney who prepared the will may have copies
Document Organization Best Practices
- Create a master binder with tabs for each category (Initial Filing, Inventory, Accounting, Distribution). Keep the original binder at home and bring copies to court.
- Make multiple copies of every document before filing. Keep one set for yourself, one for your attorney, and submit one to court.
- Use a document tracking spreadsheet to track what's been filed, when, and what's still needed. Include deadlines for each document.
- Scan everything to digital files as backup. Store in cloud storage (Google Drive, Dropbox) so you can access anywhere.
- Label clearly with decedent's name, case number, and document type on every page. This prevents documents from getting lost in court files.
Common Questions
What if I can't find a required document?
Most documents can be replaced. Death certificates can be reordered from the county. Bank statements can be obtained from the bank with executor authority. Property deeds can be found at county recorders. If the original will is truly lost, you may need to probate a copy with additional proof that it was the decedent's last will. Consult your attorney for specific procedures.
Do I need to file all documents at once?
No. Initial filing requires only basic documents (petition, death certificate, will, notice forms). Inventory is typically due 60-120 days after appointment. Final accounting comes at the end. However, gathering documents early prevents delays later. Start collecting everything immediately even if not due yet.
Can I submit documents electronically?
It depends on your county. Many courts now accept e-filing for probate documents. However, you may still need to mail or hand-deliver certain originals (like the original will). Check your county probate court website for e-filing availability and requirements. Some courts still require everything in person or by mail.
How long should I keep probate documents after closing?
Keep all probate documents for at least 7 years after estate closure. Tax documents should be kept permanently (estate tax returns, final 1040). Beneficiaries should receive copies of key documents (final accounting, distribution receipts). You may need these for IRS audits, claims, or future disputes. Store digital copies in secure cloud storage.