Probate Preparation Checklist

First, what is "Probate"? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute assets to the intended beneficiaries. The laws of each state vary, so it is a good idea to consult an attorney to determine whether a probate proceeding is necessary, whether the fiduciary must be bonded (a requirement that is often waived in the will) and what reports must be prepared. Most probate proceedings are neither expensive nor prolonged, which is contrary to the claims of many vendors selling living trust and other products.

Starting the probate process is often difficult. It is recommended that you initially contact an attorney. The attorney

may provide you with a list of items to bring to your meeting. However, if not, the checklist below sets forth several

items that may or may not be applicable to the Decedent’s estate. Locating some or all of these documents before an attorney meeting can assist the attorney in identifying the best way to proceed with the estate. Also, providing as much information to the attorney sooner can help make the probate process move more efficiently.

Items to Locate Located Location/Information Given to Attorney

1. Decedent’s Last Will and Testament

2. Codicils to the Decedent’s Last

Will and Testament

3. Decedent’s Trust

4. Decedent’s Funeral Arrangements

5. Decedent’s full name, birthdate,

social security number

6. Documentation regarding Decedent’s

citizenship (if applicable)

7. Decedent’s safety deposit box

8. Decedent’s marriage license

9. Decedent’s divorce decrees

10. Decedent’s prenuptial agreement

11. Decedent’s marital or partition agreements

12. Decedent’s children – names, ages,

contact information, born or adopted, etc.

13. Death Certificates (order 5 – 10

certified copies)

14. Secure the Decedent’s home

15. Decedent’s Assets and Debts

a) Real Property (need legal description)

b) Mineral Interests

c) Rental and Lease Contracts

d) Bank Accounts (need name of

bank and account numbers,

owners of account, and what

type of an account)

e) Savings Accounts (need name of

bank and account numbers, owners

of account, and what type of

an account)

f) ) Savings & Loan Accounts

(need name of bank and account

numbers, owners of account, and

what type of an account)

g) Credit Unions (need name of bank

and account numbers, owners of

account, and what type of an account)

h) Securities and Investments – stocks,

bonds, brokerage accounts, mutual

funds, annuities, stock options, etc.

(need names, account numbers,

and ownership interest)

i) Security Interest (had the Decedent

been granted a security interest in

any property?)

j) Tax Deferred Accounts/Plans –

i.e., 401(K) plans, individual

retirement accounts (IRA),

pension plans, benefit plans,

employee stock ownership

plans, any other retirement

plans – (need names, account

numbers, named beneficiaries)

k) Non-Qualified Benefit Plans

l) Decedent’s Company Benefits

(employment trusts, accrued,

unpaid bonuses, stock purchase

plans, employment contracts)

m) Life Insurance (need names, account

numbers, named beneficiaries)

n) Military Retirement Benefits

o) Motor Vehicles (title, make,

model,year, Vehicle

Identification Number)

p) Equipment and Machinery (need

description, make, model,

vin numbers)

q) Valuable Collections (need

specific description of items in

collection)

r) Receivables (Did anyone owe the

Decedent money?)

s) Tax Refunds

t) Tax Prepayments

u) Lawsuits (Was the Decedent involved

in a pending lawsuit at death?)

v) Pending Claims against the Decedent

w) Copyrights and Patents (Did the

Decedent copyright or patent

anything, or was a copyright or

patent pending?)

x) Decedent’s Business Associations

y) Decedent’s cash on hand

16. Create List of the Decedent’s Heirs with

full names and contact information

17. Name of Decedent’s CPA

Generally, an attorney will be retained to represent the Executor throughout the probate process. Most Texas

Probate Courts will not let a person serve as an Independent Executor and represent him/herself pro-se. The Executor

position is a fiduciary, meaning the person has a duty to act for the benefit of others (i.e., the beneficiaries). Therefore,

most Courts require that an attorney represent the Executor. It is a good idea to check with the Court that has jurisdiction

over the case to verify its specific rule with respect to representation. Some alternatives to probate do not require that

an Executor be appointed, and therefore, an individual could successfully represent him/herself. Below is a template of

a Small Estate Affidavit and Order. It is not required, but strongly encouraged, that an individual filing a Small Estate

Affidavit and Order consult an attorney.

Sources:

https://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/the_probate_process/

DEATH, WILLS, PROBATE and TRUSTS IN TEXAS by Stephen Etzel, Broker