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

Small Estate Affidavit: Skip Probate in Your State

7 min read·Published March 5, 2026·By LastingPath Team

What Is a Small Estate Affidavit?

A small estate affidavit is a legal shortcut that lets you transfer a deceased person's assets without going through the full probate process. If the total value of the estate falls below your state's threshold, you can file a simple sworn statement (affidavit) to claim assets directly from banks, employers, and other institutions.

This can save months of waiting and thousands of dollars in legal fees.

Does Your Estate Qualify?

Every state sets its own threshold for small estate procedures. These thresholds range from as low as $5,000 (some states) to as high as $200,000 (California). The threshold typically applies to the "probate estate" — meaning only assets that would have gone through probate. Assets with named beneficiaries (life insurance, retirement accounts, joint bank accounts) are usually excluded from the calculation.

Common state thresholds:

California: $184,500 (adjusted periodically)
Texas: $75,000
Florida: $75,000 (summary administration)
New York: $50,000
Illinois: $100,000
Pennsylvania: $50,000
Ohio: $35,000

How to File a Small Estate Affidavit

Step 1: Wait the required period. Most states require a waiting period after death — typically 30 to 45 days — before you can file. This gives creditors time to come forward.

Step 2: Confirm eligibility. Add up the total value of probate assets. Exclude jointly held property, life insurance with beneficiaries, retirement accounts with beneficiaries, and payable-on-death accounts. If the total is under your state's threshold, you likely qualify.

Step 3: Complete the affidavit. Your state's court website usually provides a standard form. You will need to list all known assets, their values, and your relationship to the deceased. Some states require the affidavit to be notarized.

Step 4: Present the affidavit to asset holders. Take the completed affidavit, along with a certified death certificate, to each institution holding the deceased's assets. Banks, brokerages, and employers are legally required to release assets to the affiant (the person who signed the affidavit) if all requirements are met.

When a Small Estate Affidavit Is Not Enough

A small estate affidavit cannot transfer real estate in most states (a few states have separate simplified procedures for real property). It also cannot resolve disputes among heirs or handle complex creditor claims. If the estate includes real property, significant debts, or contested assets, you will likely need formal probate.

Common Pitfalls

Underestimating asset values. Use fair market value, not what the deceased originally paid. A car bought for $5,000 that is now worth $12,000 counts at $12,000.

Forgetting to include all assets. You are signing a sworn statement. Omitting assets — even accidentally — can create legal liability.

Filing too early. Submitting before the waiting period ends makes the affidavit invalid. Check your state's specific requirements.

Your Next Step

Not sure if your estate qualifies? LastingPath's small estate wizard analyzes your situation against your state's specific rules and generates the correct affidavit form. Start the small estate wizard to find out in minutes.

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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.