Probate Deadlines: What Every Executor Must Know and Track

Being named executor of an estate is one of the most consequential administrative roles most people will ever take on. It arrives without training, usually during a period of grief, and carries legal deadlines that start counting from the date of death — whether or not you know what they are.

Missing a probate deadline doesn’t just slow down the process. It can expose you personally to liability for losses that result from the delay. This guide covers the core statutory deadlines every executor needs to track and how to build a system for managing them.

Important note: Probate law is governed by state statute and varies significantly by jurisdiction. The timelines below reflect typical requirements in many U.S. states, but some states differ substantially. Consult a licensed probate attorney in the state where the estate is being administered before making any legal decisions.

The Four Core Probate Deadlines

Most probate administration follows the same sequence of major deadlines:

1. Notice to Probate (typically 14 days post-admission) After the will is admitted to probate by the court, most states require that notice be given to known creditors and sometimes to the general public via newspaper publication. This notice period opens the window for creditors to file claims. The exact deadline and method vary by state, but the clock starts from court admission, not date of death.

2. Estate Inventory Filing (typically 90 days post-appointment) Most states require the executor to file a formal inventory of the estate’s assets within 60–90 days of being officially appointed. This inventory must include every probatable asset: real property, financial accounts, vehicles, personal property of significant value, and business interests. Assets that pass outside of probate (life insurance policies with named beneficiaries, joint tenancy property, retirement accounts) are typically excluded.

3. Creditor Claim Window Close (typically 6 months post-death) Creditors have a statutory window to present claims against the estate. In most states, this is 4–6 months from the date of death or from notice to creditors. After this window closes, most new creditor claims are barred. Executors should not distribute estate assets to beneficiaries until the creditor window has closed and all valid claims have been paid.

4. Federal Estate Tax Filing (9 months post-death, with 6-month extension available) For estates above the federal exemption threshold (currently $13.61 million in 2024), Form 706 must be filed within 9 months of death. An automatic 6-month extension is available by filing Form 4768, pushing the filing deadline to 15 months post-death. Note that an extension to file is not an extension to pay — any tax owed is still due at 9 months.

State estate taxes have their own thresholds and deadlines, which are often lower and earlier than federal requirements.

Build Your Asset Inventory Before the 90-Day Filing

The estate inventory is the foundation of everything that follows: paying creditors, calculating taxes, and making distributions. A disorganized inventory creates delays at every stage.

For each asset, record:

• Asset type — real property, financial account, vehicle, personal property, business interest
• Description — enough detail to identify the asset uniquely
• Estimated value — as of date of death
• Location — where the physical asset is, or where the account is held
• Account number or parcel number — the identifier needed for transfer or closure
• Status — Not started / In process / Closed/Transferred

For financial accounts specifically, you’ll need the account number, the institution, the date-of-death balance, and whether the account has a beneficiary designation or joint owner (if so, it likely passes outside probate).

Track Account Closures Systematically

Closing, canceling, or transferring every account and subscription is the operational core of estate administration. A typical estate involves:

• Bank accounts
• Credit cards
• Investment accounts
• Insurance policies
• Utilities and housing
• Subscriptions (streaming services, memberships, newsletters)
• Social media accounts
• Email accounts

For each, track the status: not started, cancellation requested, pending transfer, closed. Some require death certificates. Some require Letters Testamentary (official court documentation of your executor authority). Some have specific timing requirements.

Communicate with Beneficiaries on a Documented Schedule

Beneficiary conflicts during estate administration are common. The most reliable prevention is proactive, documented communication. Log every substantive beneficiary update: what you communicated, to which beneficiaries, and on what date.

This log serves as evidence that all beneficiaries were kept reasonably informed — an important protection if a beneficiary later claims they were excluded from the process.

Calculate Distributions After Creditors Are Paid

Distributions to beneficiaries cannot happen until the creditor window has closed and all valid claims have been paid. The estate may also need to satisfy state and federal tax obligations before distributions can flow.

For each distribution, document:

• The beneficiary’s name
• Their share percentage per the will or intestate statute
• The calculated dollar amount
• The date the distribution was made
• Receipt confirmation — a signed acknowledgment from the beneficiary

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