When someone you love dies, the practical tasks can feel overwhelming — and knowing what to do with their last will and testament is one of the first legal responsibilities you'll face. Whether you're an executor named in the will, a family member, or simply someone trying to help, this guide walks you through every step: locating the document, understanding who needs to see it, filing it correctly, and protecting yourself from common mistakes along the way.
This article is general information for US readers, not legal advice. Laws vary by state. Please consult a licensed estate attorney for guidance specific to your situation.
Step 1: Locate the Original Will as Soon as Possible
The original, physically signed will — not a photocopy — is what most courts require. Begin your search promptly, ideally within the first few days after death. Common places to look include:
- Home safes or fireproof filing cabinets — the most frequent storage spot
- Safe deposit boxes at a bank (note: accessing a deceased person's safe deposit box has its own legal steps; see our safe deposit box after death guide)
- The deceased's estate planning attorney — attorneys often retain the original or a copy
- State will registries — a handful of states, including Virginia and Ohio, allow wills to be registered before death
- Among important documents the person organized — check alongside insurance policies, deeds, and financial records
If you're unsure where to look, our detailed guide on how to find a will after someone dies covers a thorough search process.
Step 2: Read the Will and Identify the Executor
Once you have the will in hand, read it carefully. The will should name an executor (sometimes called a personal representative) — the person legally responsible for carrying out its instructions. If you are that person, the steps below fall primarily to you. If someone else is named, notify them immediately.
If the named executor has died, is unable to serve, or declines the role, most wills name a successor executor. If none is named, the probate court will appoint one. Learn more about what this role involves in our guide on what an executor of an estate does.
Step 3: File the Will With the Probate Court
In every US state, a last will and testament must be submitted — "filed" — with the probate court in the county where the deceased lived. This is true even if you believe the estate will not need to go through full probate. Filing the will is a legal obligation, and in many states, knowingly withholding a will is a criminal offense.
Where to file
Go to the probate court (sometimes called the surrogate's court, orphan's court, or circuit court depending on the state) in the county of the deceased's legal residence at the time of death. You can typically find the correct court by searching "[county name] probate court" online.
What to bring
- The original signed will
- A certified copy of the death certificate (you'll typically need several certified copies — see our guide on how to get a death certificate)
- A filing fee, which varies by county but commonly ranges from $50 to $400
- A petition to open probate, if you are initiating the full probate process
Filing deadlines by state — a general comparison
| State | General Filing Deadline | Notes |
|---|---|---|
| California | 30 days | Must file with local superior court |
| Florida | 10 days after learning of death | One of the shortest deadlines in the US |
| New York | No strict statutory deadline, but prompt filing expected | Delay can trigger court scrutiny |
| Texas | 4 years from date of death | One of the most flexible deadlines |
| Illinois | 30 days | Applies to anyone who has custody of the will |
Always confirm your state's specific rule with a local probate court or estate attorney — these deadlines change and vary at the county level.
Step 4: Obtain Letters Testamentary
Once the will is filed and probate is opened, the court will issue a document called Letters Testamentary (or Letters of Administration if there is no will). This document is your legal authority to act on behalf of the estate — to access bank accounts, transfer property, pay debts, and distribute assets to beneficiaries.
You will need multiple certified copies of Letters Testamentary. Banks, brokerages, real estate title companies, and government agencies each typically require their own original certified copy. Request at least 8–10 copies from the court when you open probate; each copy usually costs $5–$25. Learn more about what Letters Testamentary are and how they work.
Step 5: Notify Beneficiaries and Interested Parties
Most states legally require the executor to formally notify all beneficiaries named in the will — and often the deceased's legal heirs as well, even if they are not named — that probate has been opened. This notice gives them the opportunity to review the will and, if they believe it is invalid, to contest it within a set window (typically 30–120 days depending on the state).
Notification is usually done by certified mail and must follow specific wording in many states. An estate attorney can prepare these notices for you. For context on what happens when heirs disagree, see our guide on inheritance disputes.
Step 6: Follow the Will's Instructions to Settle the Estate
With Letters Testamentary in hand, the executor's work begins in earnest. The core responsibilities include:
- Creating an inventory of assets — real estate, bank accounts, investments, vehicles, personal property, and digital assets. Our estate inventory guide walks through this process.
- Notifying creditors and paying valid debts and taxes from estate funds before distributing anything to beneficiaries
- Filing the deceased's final income tax return and, if the estate earns income during administration, a separate estate income tax return
- Distributing assets to beneficiaries exactly as the will directs, only after debts and taxes are settled
- Closing the estate with a final accounting filed with the probate court
Our settling an estate checklist and executor checklist provide detailed task-by-task breakdowns for each of these stages.
What If the Estate Doesn't Need Full Probate?
Not all estates require the full probate process, even when a valid will exists. If the estate's probate assets fall below your state's small-estate threshold — which ranges from roughly $20,000 in some states to $184,500 in California — a simplified small estate affidavit process may be available, skipping formal court administration entirely. Assets like retirement accounts, life insurance with named beneficiaries, jointly held property, and accounts with payable-on-death designations pass outside the will altogether. Even so, you must still file the will with the court in most states. Learn more about probate vs. non-probate assets to understand which assets are affected.
Common Mistakes to Avoid
- Distributing assets before paying debts. Executors can be held personally liable if they pay beneficiaries first and there are insufficient funds to cover creditors.
- Assuming a copy will work in court. Most courts require the original wet-ink signed document. Protect it accordingly.
- Missing the filing deadline. Even in lenient states, delays create legal exposure and family conflict.
- Ignoring digital assets. Accounts, cryptocurrency, and online businesses may have significant value. See our digital assets inventory guide.
- Acting without legal help on a complex estate. If the estate includes a business, real property in multiple states, significant debts, or family conflict, hire an estate attorney.