Losing a loved one is one of the most difficult and overwhelming experiences in life. The initial shock can feel impossible to overcome, and many people become paralyzed by grief. However, when a death occurs, whether expected or not, there are a number of actions that need to be taken in the days and weeks to come. If you are designated as the person in charge, usually the Executor named in the Will, here are some of the steps you will likely need to take after a loved one passes.
1. Secure the residence
There are three main concerns when it comes to the decedent’s residence: safety, pets, and theft. Visiting the residence soon after death is hard, but it must be done. Someone needs to make sure the home is safe and secure within 24 hours of death. If there are any pets in the home, make sure they are taken care of and given a temporary home until permanent arrangements can be made. All keys to the home and vehicles need to be located and secured, and all doors and windows should be locked. You should not remove any items of value, either monetary or sentimental, during this initial visit. However, if you are able to locate the decedent’s Last Will and Testament, you may remove it for safe keeping.
2. Notify family and make funeral arrangements
Also, within the first 48 hours, you will need to begin notifying family and handling final arrangements for burial, cremation, and funeral services. The funeral home will be a tremendous asset during this time. They will assist you in obtaining death certificates, which you will need moving forward. If the decedent had life insurance or a pre-paid burial plan, that will help cover some or all of the costs. If you have to pay out of pocket for the arrangements, make sure to keep records and receipts of your expenses, as these are generally a reimbursable expense of probate administration. Once the family has been notified and the arrangements are made, try to give yourself some time to process and grieve.
3. Locate important documents
Within the next two weeks, you will need to make another trip to the decedent’s home to locate important documents. The most important document is the decedent’s Last Will and Testament, and you will need to locate the original, if you have not done so already. Original Wills are often stored in safety deposit boxes, filing cabinets, safes, fireproof boxes, freezers, refrigerators, and even under mattresses. While visiting the decedent’s home, it is also a good idea to look for other information that will be helpful during probate and the months that follow, including bank statements, life insurance documents, credit card statements, car titles, and real estate deeds. I advise my clients to store all important documents in the same location, so you may find all these documents together within a binder or folder.
4. Contact an Attorney
In many cases, the assistance of an attorney will be necessary to probate the decedent’s estate and transfer assets, like real estate. While that is not always the case, it is helpful to consult with an attorney to find out. As a probate attorney, I have had clients call me the day their loved one passes and others wait to call until several years later. While there is no set timeline for when that call should be made, I always recommend clients take time to grieve before they feel pressured to make an appointment with me. With that said, waiting too long to begin probate can be detrimental, so it would be helpful to reach out to an attorney within the first 2-3 weeks.
5. Contact financial representatives
Many of the decedent’s assets likely have beneficiaries named on them, such as life insurance, retirement accounts, and in some cases, bank accounts. The beneficiaries will need to contact the financial institutions directly, provide the death certificate, and complete any necessary documentation. I recommend contacting these institutions within four weeks of the death, or as soon as you have the decedent’s death certificate in hand.
Grief is a deeply personal and unique experience. Because everyone’s journey is different, there is not a “one size fits all” approach or timeline to handling the legal and logistical steps that follow. While this list is meant to be a helpful guideline, it is not intended to replace the one-on-one counsel of an attorney familiar with your situation.
