What paperwork needs to be filed after someone dies?

After a death, families typically need to file 47+ forms including: IRS Form SS-4 (estate EIN), IRS Form 56 (executor notice), Social Security death notification, SSA-8 lump-sum benefit, SSA-10 survivor benefits, final 1040 tax return, life insurance claims, probate petition, and notifications to banks, credit bureaus, and government agencies.

How do I apply for a Social Security death benefit?

You can claim the $255 Social Security lump-sum death benefit (SSA-8) by calling 1-800-772-1213 or visiting your local Social Security office. You must claim within 2 years of the death. A surviving spouse or dependent child is eligible. LastingPath provides a step-by-step wizard for SSA-8.

Do I need probate if someone dies without a will?

It depends on the estate value and state. Many states allow small estates under $50,000–$100,000 to skip probate using a Small Estate Affidavit. Estates above the threshold typically require probate court even without a will. LastingPath helps you determine if you qualify for the small estate process.

What is an estate EIN and do I need one?

An estate EIN (Employer Identification Number) is a tax ID for the deceased's estate. You need one to open an estate bank account, file the estate tax return (Form 1041), and handle most financial transactions. You apply for it using IRS Form SS-4, which LastingPath can guide you through in minutes.

How long does estate administration take?

Simple estates with no real estate and under the small estate threshold can be settled in 1–3 months. Estates going through probate typically take 6–18 months. Most time-sensitive tasks (Social Security, IRS notifications, creditor notices) have deadlines within the first 60–90 days.

How do I get an EIN for an estate?

File IRS Form SS-4 to obtain an Employer Identification Number (EIN) for the deceased's estate. You can apply online at irs.gov, by fax, or by mail. The EIN is required to open an estate bank account, file estate tax returns, and manage financial transactions on behalf of the estate. LastingPath walks you through the SS-4 application step by step.

What is Form 56 and when do I need to file it?

Form 56 is the Notice Concerning Fiduciary Relationship filed with the IRS. It formally notifies the IRS that you (the executor, administrator, or personal representative) are acting on behalf of the deceased's estate. You should file Form 56 as soon as you are appointed by the court or named in the will. LastingPath's guided wizard helps you complete and file Form 56 correctly.

How do I claim Social Security survivor benefits?

File SSA-10 for monthly survivor benefits if you are a surviving spouse, dependent child, or other eligible dependent. You can apply by calling Social Security at 1-800-772-1213 or visiting your local office. Survivor benefits can provide ongoing monthly income based on the deceased's earnings record. LastingPath guides you through the SSA-10 application process.

What is the deadline for filing estate tax returns?

Form 706 (United States Estate Tax Return) is due 9 months after the date of death. You can request an automatic 6-month extension using Form 4768. For 2026, estates exceeding $13.61 million in gross assets are required to file. The estate income tax return (Form 1041) is due on April 15 of the year following death. LastingPath tracks these deadlines and sends reminders.

How do I notify creditors of a death?

Send written notice to known creditors within the timeframe required by your state (typically 30–90 days after appointment). Most states also require publishing a notice in a local newspaper to notify unknown creditors. Creditors then have a limited window (usually 3–6 months) to file claims against the estate. LastingPath's Creditor Shield tool helps you manage creditor notifications and analyze claims.

Do I need probate if the estate is small?

Many states allow small estate affidavits for estates below a certain threshold, typically $25,000 to $200,000 depending on the state. A small estate affidavit lets you transfer assets without going through formal probate court proceedings, saving significant time and legal fees. LastingPath covers small estate affidavit guidance for all 50 states and helps you determine if you qualify.

How do I transfer a vehicle title after death?

Contact your state DMV with the death certificate, the vehicle title, and proof of your authority as executor or heir (Letters Testamentary or small estate affidavit). Requirements vary by state — some require an odometer reading, emissions test, or notarized affidavit. LastingPath's vehicle transfer wizard provides state-specific instructions and required documents.

What is a Letters Testamentary?

A Letters Testamentary is a court document that officially grants the executor authority to act on behalf of the estate. It is issued by the probate court after the will is validated. Banks, insurance companies, and government agencies require Letters Testamentary before they will release assets or information. If there is no will, the equivalent document is called Letters of Administration.

How long does estate administration typically take?

Simple estates take 6–12 months to fully settle, while complex estates with real property, business interests, or contested claims can take 1–3 years. Key milestones include obtaining the EIN (week 1), filing IRS and SSA notifications (month 1), completing probate (months 3–12), and making final distributions. LastingPath provides a personalized timeline and deadline tracker for your estate.

Can I handle estate administration without a lawyer?

Yes, for straightforward estates with clear beneficiaries, no disputes, and assets below the estate tax threshold, many executors handle administration themselves. LastingPath provides guided wizards for every form and task, AI-powered assistance for questions, and state-specific guidance. For complex situations involving business assets, tax planning, or family disputes, consulting an estate attorney is recommended.

Estate Planning

Estate Administration Without a Lawyer: What You Can Do Yourself

7 min read·Published March 19, 2026·By LastingPath Team

The Truth About Estate Lawyers

Here is a fact the legal industry does not advertise: most estate administration tasks do not require a lawyer. Filing government forms, notifying creditors, closing bank accounts, claiming insurance benefits, and distributing assets according to a clear will are all tasks that executors can handle themselves with the right guidance.

That said, there are specific situations where legal expertise is genuinely valuable. The key is knowing the difference.

What You Can Do Yourself

File for the estate EIN. The IRS Form SS-4 application is straightforward and free. You can complete it online in 10 minutes.

File Form 56 with the IRS. This is a one-page form that tells the IRS you are the estate's representative. No legal expertise required.

Claim Social Security survivor benefits. The SSA walks you through the application process. You need documentation, not a lawyer.

File life insurance claims. Insurance companies have standard claim processes. You need the policy number, a death certificate, and the claim form.

Open an estate bank account. Bring your letters testamentary, the estate EIN, and a death certificate to any bank. They handle this routinely.

Notify creditors. Publishing a creditor notice and sending direct notices is a procedural task. Your county newspaper's legal notices department can walk you through the publication requirements.

Pay bills and manage estate accounts. Routine financial management — paying the mortgage, utilities, and valid creditor claims — does not require legal counsel.

File the deceased's final tax return. If the deceased's tax situation was straightforward (W-2 income, standard deductions), you can file the final Form 1040 yourself or use tax software.

Distribute assets per a clear will. If the will is unambiguous and all beneficiaries agree, distribution is a clerical task, not a legal one.

When You Should Hire a Lawyer

The will is contested. If any heir challenges the will's validity, you need litigation counsel. Do not try to navigate will contests alone.

The estate has significant debt. If debts may exceed assets, the priority of creditor claims becomes legally complex. An attorney can protect you from personal liability.

There are complex tax issues. Estates exceeding the federal estate tax exemption ($13.61 million in 2026), estates with business interests, or estates with multi-state assets often need specialized tax counsel.

Real estate in multiple states. Each state where the deceased owned property may require separate ("ancillary") probate proceedings.

Family disputes. When beneficiaries disagree about anything — asset values, distribution, executor decisions — a lawyer can mediate or litigate as needed.

You are unsure about your fiduciary duties. As executor, you have a legal duty to act in the estate's best interest. If you are not sure what that means in a specific situation, ask an attorney.

How Much Can You Save?

Estate attorneys typically charge either a flat fee ($2,000-$10,000+ depending on complexity), an hourly rate ($200-$500/hour), or a percentage of the estate (1-5%). For a $500,000 estate, a 3% attorney fee is $15,000. By handling the routine tasks yourself and only engaging a lawyer for the complex issues, you can potentially save 50-80% of those fees.

The Middle Path: Guided Self-Service

You do not have to choose between doing everything yourself with no guidance and paying a lawyer $300/hour for paperwork you could handle. LastingPath provides the middle path — step-by-step wizards, pre-filled forms, deadline tracking, and AI-powered guidance for every task, with clear signals about when to consult a professional.

Your Next Step

See exactly which tasks apply to your estate and which ones you can handle yourself. Create your free estate checklist — it takes 5 minutes and shows you the complete picture.

Ready to get started?

Create your free personalized estate checklist — see exactly which forms, deadlines, and tasks apply to your situation.

Create Your Free Checklist

Disclaimer: LastingPath is not a law firm and does not provide legal or tax advice. This article provides general information only. Laws vary by state and individual circumstances differ — consult a licensed attorney or CPA for advice specific to your situation.