Executive Summary: The first 30 days after someone passes are key to getting probate started. Locate the will, order death certificates, secure property, gather documents, and notify the right institutions.
When someone you love passes away, the last thing you want is paperwork. But if you’ve been named the executor, there are legal steps you’ll need to take, many of them sooner than you might think.
It doesn’t all have to be done at once. But the first month is key for setting the process in motion. If you’re the kind of person who wants to do things right and stay ahead of any surprises, this checklist will help you get started.
1. Locate the Will
Your first job is to find the original will. Make sure it’s the most recent version, and that it’s signed. In Texas, you’ll need the original—not just a copy—to file with the probate court. If you can’t find it, you’ll want to speak with an attorney about what to do next.
Once you have it, read through the entire will. Make note of who is named as executor, who the beneficiaries are, and any specific instructions.
2. Order Death Certificates
You’ll need certified copies of the death certificate for a lot of things: closing accounts, claiming life insurance, and filing paperwork with the court. Start by ordering at least 10 certified copies from the county where the person died. Some places let you order them online. Others may require a form and a fee. Often the funeral home assists with this while handling the memorial and/or interment,
3. Secure the Property
If the person owned a home, make sure it’s secure. Lock doors and windows. This helps protect the property and reduces the chance of theft or vandalism. Also, keep an eye on other assets like vehicles or storage units. You’re not distributing anything yet, just making sure nothing disappears or gets damaged.
4. Gather Important Documents
Start a folder—digital or physical—with copies of key documents, including:
- The will
- Death certificates
- Insurance policies
- Deeds and titles
- Financial account statements
- Retirement and pension information
- Recent tax returns
You’ll need these to get a full picture of the estate, and eventually, to complete the probate process.
5. Contact an Attorney
In Texas, probate is generally required when someone dies with a will and owns assets in their name alone. The larger counties and many small counties require you to work with an attorney. The will is filed for probate in the county where the person lived so locating an attorney in that county is the best course of action.
Until you’re officially appointed, you don’t have legal authority to act on behalf of the estate. That’s why this step should be handled as soon as possible.
6. Hold Off on Distributions
Even if the will is clear, don’t start giving things away yet. You need to wait until the probate court gives you the green light and you’ve had a chance to identify all debts and taxes. Making distributions too early can create big problems later, especially if it turns out there are unpaid bills or missing assets.
Being named an executor is a responsibility, not just a title. It takes time, but you don’t have to handle it alone, and you don’t have to do everything at once. Taking the right steps in the first 30 days sets the tone for the rest of the process and helps you avoid headaches down the line.
If you’re ready to start probate or need help with the next step, the Law Offices of Debbie J. Cunningham, PLLC can help you move forward with clarity and confidence.
Law Offices of Debbie J. Cunningham
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