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 Law

Probate 101: Do You Need It and How Does It Work?

6 min read · Updated February 7, 2026

What Is Probate?

Probate is the court-supervised legal process of validating a deceased person's will (if they had one), paying their debts, and distributing their assets to the rightful heirs. If there is no will, the probate court distributes assets according to the state's intestacy laws — a fixed formula that typically prioritizes spouses, then children, then more distant relatives.

The word "probate" often triggers anxiety among families, and for good reason: it can be slow, expensive, and public (probate records are court records, accessible to anyone). But not every estate requires full probate, and understanding when it applies helps you plan accordingly.

When You Need Probate

Formal probate is typically required when a deceased person owned assets in their name alone — without a joint owner or named beneficiary. Common examples:

A bank account in only the deceased's name with no payable-on-death (POD) designation
Real estate titled solely in the deceased's name without a living trust or joint tenancy
Personal property (vehicles, business interests, collectibles) with significant value

If the deceased owned all assets jointly or had beneficiary designations on all accounts, the estate may pass entirely outside of probate — even if there was no formal estate plan.

What Avoids Probate

Several legal mechanisms pass assets directly to beneficiaries without probate:

Joint tenancy with right of survivorship: When a jointly owned asset passes, the surviving owner becomes the sole owner by operation of law, with no court involvement needed.

Beneficiary designations: Life insurance, IRAs, 401(k)s, and other retirement accounts with named beneficiaries pass directly to those beneficiaries. TOD (transfer on death) or POD (payable on death) designations on bank and brokerage accounts do the same.

Revocable living trusts: Assets properly transferred into a trust during the deceased's lifetime pass according to the trust document, with no court involvement.

Small estate procedures: Many states have simplified affidavit or summary procedures for estates below a dollar threshold (see our guide on small estate affidavits).

How Long Does Probate Take?

A simple, uncontested probate in a state with an efficient court system might close in 6 to 9 months. More complex estates — those with significant assets, contested claims, tax issues, or real property in multiple states — can take 2 to 3 years or longer. "Ancillary probate" (probate in a second state where the deceased owned real property) adds additional time and cost.

What Does Probate Cost?

Costs vary significantly by state and estate complexity. Typical components include:

Court filing fees: $200–$500
Publication costs (required notice to creditors): $100–$300
Attorney fees: Often calculated as a percentage of estate value (3–5% is common in some states); elsewhere billed hourly
Executor compensation: Most states allow executors a fee, typically 2–5% of the estate value
Appraisal fees for real property, business interests, and other assets requiring valuation

For a $300,000 estate, total probate costs of $10,000–$20,000 are not unusual. This is one reason estate planning attorneys recommend structures that avoid probate where possible.

The Probate Process Step by Step

1. File a petition with the probate court to open the estate and validate the will 2. Receive Letters Testamentary from the court (your authority to act as executor) 3. Publish notice to creditors in a local newspaper (typically required by law) 4. Inventory and appraise the estate's assets 5. Pay valid debts and expenses from estate funds 6. File estate tax returns if required 7. Distribute remaining assets to beneficiaries 8. File a final accounting with the court and petition to close the estate

Do You Need an Attorney?

Simple, uncontested estates with clear wills and cooperative beneficiaries can sometimes be administered without an attorney using court self-help resources. However, an attorney is strongly recommended when: the estate is large enough to potentially owe estate taxes, there are disputes among heirs, the deceased died without a will (intestate), or there are complex assets like business interests or real property.

The cost of an attorney is typically far less than the cost of mistakes made without one.

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