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.

Probate

How Long Does Probate Take? State-by-State Guide

7 min read·Published March 17, 2026·By LastingPath Team

The Short Answer: It Depends

Probate can take anywhere from 3 months to 3 years or more. The national average is about 12-18 months. But the actual timeline for your estate depends on four main factors: your state's probate laws, the complexity of the estate, whether anyone contests the will, and how efficiently the executor manages the process.

What Determines Probate Duration?

State laws and court schedules. Some states have streamlined probate processes. Others require multiple hearings, mandatory waiting periods, and lengthy creditor claim windows. Court backlogs in urban counties can add months.

Estate complexity. A simple estate with one bank account and no real property can move through probate quickly. An estate with multiple properties, business interests, out-of-state assets, or complicated tax situations takes much longer.

Creditor claim periods. Every state requires a window for creditors to file claims — typically 3 to 6 months. You cannot distribute assets until this period closes. This is often the single biggest delay.

Disputes and contests. If any heir contests the will, disputes the executor's actions, or challenges the asset valuations, probate can grind to a halt for months or even years while litigation proceeds.

Typical State Timelines

Texas: Efficient independent administration process, minimal court oversight
Arizona: Streamlined informal probate, 4-month creditor period
Colorado: Unsupervised administration available, relatively fast courts

California: Statutory fee structure, 4-month creditor period, but court backlogs add time
Florida: 3-month creditor period after notice, summary administration available for small estates
Illinois: 6-month creditor period, relatively standard process

New York: Complex surrogate court system, required accounting, 7-month creditor period
Massachusetts: Formal probate process, court supervision required for many actions
New Jersey: Long processing times, multiple court filings required

How to Speed Up Probate

File paperwork promptly. Every delay in filing is a delay in completing probate. Submit the will, petition, and inventory as soon as you can.

Publish creditor notice immediately. The claim period clock does not start until you publish. File the creditor notice the same week you file for probate.

Consider simplified procedures. Many states offer simplified or summary probate for estates under a certain value. Check whether you qualify for a small estate affidavit instead.

Stay organized. The most common source of delay is the executor being slow to gather documents, respond to court requests, or file required accountings. A structured checklist prevents these bottlenecks.

Communicate with beneficiaries. Disputes often arise from lack of communication. Keep beneficiaries informed about the timeline and process to prevent challenges.

When You Can Skip Probate Entirely

Some assets pass outside of probate regardless:

Life insurance with named beneficiaries
Retirement accounts (401k, IRA) with named beneficiaries
Jointly held property with right of survivorship
Payable-on-death (POD) bank accounts
Transfer-on-death (TOD) brokerage accounts
Assets held in a living trust

Your Next Step

LastingPath's probate wizard guides you through your state's specific process — including whether you can avoid probate entirely. Start the probate wizard to see what applies to your estate.

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.