Executor Checklist by State: Complete 2026 Probate Guide

You just became an executor, and the first thing you discovered is that probate rules are completely different depending on where the person lived. Filing fees, deadlines, required court forms, whether you even need to go through probate at all — it changes from state to state. What works in Texas won't fly in Massachusetts. What's simple in Colorado might be a months-long process in California. It's confusing, and you're already dealing with enough. This guide covers all 50 states plus DC with step-by-step checklists tailored to each jurisdiction. If you want a general overview of the executor role first, start with The Executor's Checklist: 47 Things You Need to Do and come back here for your state-specific details.

Important: This guide is for informational purposes only and does not constitute legal advice. Probate laws vary significantly by state and are subject to change. Always consult with a licensed attorney in the relevant state before making legal or financial decisions about an estate.

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Find Your State

Click any state on the map below to jump to its detailed executor checklist with step-by-step instructions, filing fees, court forms, and deadlines.

All 50 States + DC

Key Differences Between States

Community Property States

Nine states follow community property rules: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, most property acquired during marriage belongs equally to both spouses — regardless of whose name is on the title. When one spouse dies, only their half of community property typically goes through probate. The surviving spouse already owns the other half outright. This can significantly reduce the size of the probate estate and simplify the process, but it also means you need to carefully identify which assets are community property versus separate property. If the deceased owned property in both a community property state and a common law state, things get more complicated fast.

Inheritance Tax States

Most states don't tax what beneficiaries receive from an estate, but a handful still do. Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania currently impose an inheritance tax — meaning the person receiving the assets may owe state tax depending on their relationship to the deceased. Iowa repealed its inheritance tax effective 2025. Rates and exemptions vary widely: spouses are typically exempt everywhere, but siblings, nieces and nephews, and unrelated beneficiaries can face rates from 1% to 18%. Maryland is unique in having both an estate tax and an inheritance tax. As executor, you need to understand these obligations before making distributions, because you can be held personally liable if you distribute assets before taxes are settled.

UPC States

The Uniform Probate Code (UPC) is a standardized set of laws designed to simplify and modernize probate. States that have adopted it — including Alaska, Arizona, Colorado, Hawaii, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Mexico, North Dakota, South Carolina, South Dakota, and Utah — generally offer a streamlined "informal probate" process. Informal probate lets the executor get appointed and settle the estate without a formal court hearing, which saves time and money. Not every estate qualifies for informal probate (contested wills and complex estates still go through formal proceedings), but for straightforward situations, UPC states tend to be significantly easier to navigate.

Small Estate Thresholds

Every state has a shortcut for smaller estates. If the total value of the probate estate falls below a certain threshold, you can often skip formal probate entirely and use a simplified affidavit or summary procedure instead. The problem is that these thresholds vary wildly — from around $5,000 in some states to $275,000 in others. California's threshold is $184,500, while New York's is just $50,000. Some states base the threshold on the total estate value, while others only count certain types of assets. Before you start the full probate process, check your state's small estate limit. You might be able to handle everything with a simple affidavit and a trip to the bank, no court required.

How HeirPortal Helps

Managing an estate is hard enough without having to research every state-specific rule on your own. HeirPortal automatically populates state-specific deadlines and milestones based on where the deceased lived — so you're not guessing about creditor claim periods or filing windows. The shared family dashboard lets you post updates once and everyone sees the same information at the same time, which means fewer phone calls and fewer misunderstandings. Need to share court filings or financial statements? Upload documents once and they're accessible to the appropriate family members based on the permissions you set. See our complete state-by-state probate support to learn how HeirPortal handles the details for your state.

FAQ

Does every state require probate?

No. Most states offer simplified procedures for small estates that fall below certain value thresholds. California, for example, allows small estate affidavits for estates under $184,500. Many states have similar shortcuts with varying thresholds. Beyond that, certain assets bypass probate entirely regardless of state — jointly held property with right of survivorship, life insurance with named beneficiaries, retirement accounts with designated beneficiaries, and assets held in a living trust all transfer outside of probate.

What is the cheapest state for probate?

States that adopted the Uniform Probate Code tend to have lower costs and simpler procedures overall. Filing fees alone range from about $50 in Arkansas to over $400 in California, but filing fees are just one piece of the puzzle. Total probate cost depends on attorney fees (some states set these as a percentage of the estate), bond requirements, publication costs, and the complexity of the estate itself. States with informal probate options — like Colorado, Montana, and Arizona — often end up being the least expensive because you can handle more of the process without an attorney.

Which states have the fastest probate process?

UPC states with informal probate can sometimes complete the entire process in 3 to 6 months. Texas is also known for relatively fast probate thanks to its independent administration option, which requires minimal court oversight after the initial appointment. On the other end, states like California and New York tend to take longer — often 12 to 18 months or more — due to more formal procedural requirements. The actual timeline always depends on factors like whether anyone contests the will, how quickly creditors respond, and how complex the assets are.

Can I serve as executor in a state where I don't live?

Most states allow out-of-state executors, but some impose extra requirements. You might need to post a larger bond, appoint a local agent for service of process, or both. A few states have stricter rules — for example, some require non-resident executors to be related to the deceased. Before accepting the role, check our guide on serving as an out-of-state executor for a state-by-state breakdown of what's required.

What are community property states and how do they affect probate?

In the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), most assets acquired during marriage are owned equally by both spouses. When one spouse dies, only their half of community property goes through probate — the surviving spouse already owns the other half. This can significantly reduce the probate estate size and simplify the process. However, it also requires careful identification of which assets are community property versus separate property, which can be complicated if the couple lived in multiple states during their marriage.

Do I need a lawyer for probate?

It depends on the state and the complexity of the estate. Some UPC states allow informal probate that you can handle yourself with court-provided forms and self-help resources. Other states — particularly those with more formal procedures like New York — effectively require legal representation because the process is too complex for most people to navigate alone. Even when a lawyer isn't legally required, hiring one can make sense for estates with real estate in multiple states, business interests, tax complications, or potential family disputes. The cost of an attorney is often worth it to avoid mistakes that could make you personally liable.

Related guides:

• The Executor's Checklist: 47 Things You Need to Do (And When) — Complete task-by-task guide for executors
• How Long Does Probate Take? A Realistic Timeline — State-by-state timeline expectations
• Can You Be an Executor From Another State? — Rules for out-of-state executors