When reading the will, note the following:

Special instructions regarding the decedent’s funeral, cremation, or burial The beneficiary of the decedent’s personal effects Who receives any specific bequests The beneficiary of the decedent’s residuary estate Who is named as the Personal Representative or Executor The Trustee of any trusts created under the will Who is to be the Guardian or Conservator for any minors of the decedent The date and location where the will was signed Who signed the will as witnesses and Notary Public

The original will should then be stored in a safe location until it can be given to the estate settlement lawyer.

What to Do Before Meeting With a Lawyer

Steps 2, 3, and 4 should then be completed, and an appointment should be made with an estate lawyer for Step 5. Hopefully, someone in the family knows where the original Last Will and Testament are being stored. It is assumed that if an original document cannot be found, the Testator decided to revoke it prior to death. If the original will cannot be found and the decedent may have stored it in a safe deposit box, then skip step 2, complete Steps 3 and 4, and make an appointment for Step 5.

What to Do If the Decedent Did Not Make a Will

If the decedent did not make a Last Will and Testament, then skip to Steps 3 and 4 and make an appointment for Step 5.

Name—as listed in the Last Will and Testament and any other names by which the person is known​Mailing address​Phone numbers—home, work, and cell​Date of birth​Social Security Number​Email address

Additionally, if you know that an initial beneficiary or fiduciary is deceased, then you will need to obtain an original death certificate of that death from the county of death. This form will be filed with the probate court. 

Bank and brokerage statementsStock and bond certificatesLife insurance policiesCorporate recordsCar and boat titlesProperty deeds

You will need to make sure you have located and listed all of the specific documents that you’ll need to proceed. From these documents, make a complete list of what the decedent owned. Notate how each asset is titled. For assets that have a statement—like a bank or a brokerage account—note the value of the asset as listed on the statement and the date of the statement. In addition, set aside the decedent’s prior three years of federal and state income tax returns. If the decedent’s important papers are disorganized, skip Step 4 and make an appointment for Step 5.

MortgagesLines of creditCondominium feesProperty taxesFederal and state income taxes dueCar and boat loansPersonal loans, including student loansStorage feesLoans against life insurance policiesLoans against retirement accountsCredit card billsUtility billsCell phone bills

Once you have compiled the list of liabilities, you will need to divide them into two categories: Once you have divided the bills into the two categories, you will need to determine which bills should be paid immediately and which ones can wait until the probate estate has been opened with the probate court. Doing so will make the first meeting with the estate lawyer much smoother.

Who Should Attend the First Meeting With the Estate Lawyer?

If the decedent had a Last Will and Testament, the beneficiaries and Personal Representative named in the will should plan to attend in person or at least by telephone. If the decedent did not have a Last Will and Testament, then the heirs at law should plan to attend. If you are not sure who the heirs at law are, the estate lawyer will be able to tell you once the lawyer understands the decedent’s family tree, so the presumed heirs at law should plan to attend. Of course, not everyone is open about their estate plan, and many people are left with piles of documents that need to be sorted. If this is the case, the family will need to work closely with the estate lawyer to determine what the decedent owned and owed. If the decedent did not leave a Last Will and Testament, the estate lawyer will determine who is entitled to receive the decedent’s property after understanding the decedent’s family tree.

The Personal Representative/ExecutorIf applicable, the beneficiaries named in the decedent’s Last Will and Testament The heirs at law

While these legal documents will vary from state to state, or even from county to county within the same state, they will generally include the following:

Petition for Probate AdministrationOath and Acceptance of Personal Representative/Executor​Appointment of Resident Agent​Joinders, Waivers, ​and Consents​Petition to Waive Bond​Order Admitting Will to Probate​Order Appointing Personal Representative/Executor​Order Waiving Bond​Letters of Administration/Letters Testamentary

Once the estate lawyer receives the signed orders from the court, the lawyer will need to obtain a taxpayer identification number for the estate. This can be done online at the IRS website through the EIN Assistant. Note that if the probate judge requires that the Personal Representative/Executor post a bond, the estate lawyer will need to work with the Personal Representative/Executor to secure the bond before the probate estate can be opened. These documents will allow the Personal Representative/Executor to gain access to all of the decedent’s financial accounts. If the decedent owned real estate, the Personal Representative/Executor will need to provide certified copies of the Letters to the utility companies to get the utility accounts transferred to the name of the estate. While these eight steps may seem overwhelming, this is only the precursor to the probate process. The real work begins after the Personal Representative/Executor has been appointed.