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Essential Tasks and Estate Administration After Losing a Loved One
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Key Takeaways
After a loved one dies, there are important legal and administrative tasks to address. These include obtaining death certificates, notifying financial institutions and government agencies, and managing accounts and bills. Some tasks can be handled by family members, while others require formal authority through the probate process. An estate planning attorney can help you understand your role and ensure all legal requirements are met.
When a loved one dies, many people think of first contacting the authorities, close family, and friends, followed by arranging a funeral or memorial service. There are also many administrative tasks to be dealt with, such as notifying financial institutions, government agencies, life insurance companies, and the Social Security Administration. Knowing your responsibilities and how to address them after the death of a loved one can help during a difficult time.
Important Tasks After a Family Member’s Death
One of the hardest things you’ll ever experience is when a loved one dies. Along with the deep grief that follows, there are also many responsibilities that need attention. These include planning a funeral, closing accounts, handling legal matters, and notifying family and government agencies. The tasks can be overwhelming during your mourning.
Whether you’re the designated personal representative or a family member helping to manage immediate needs, this guide covers both the informal tasks anyone can handle and the formal estate administration process. Depending on the size and complexity of the estate, you may benefit from working with an estate planning attorney who can guide you through the probate process and ensure all legal requirements are met.
1. Get a Legal Pronouncement of Death
If your loved one dies in a hospital or medical facility, a doctor or nurse will pronounce death. If your loved one dies at home and has hospice, contact the hospice provider, and they will handle this for you.
If, however, your loved one dies at home and does not have hospice care, you may need to call 911 or your local non-emergency number, depending on the circumstances. Emergency medical personnel will arrive to pronounce death. Although it may not be necessary, alert them about any “Do Not Resuscitate” orders.
There may be situations when autopsies are required by state law, such as suspected foul play, infectious diseases, or infant death. A family member may also request an autopsy.
2. Contact Friends and Family
Give notice to those who will want to come for a funeral or memorial service. Keep in mind that some people, especially seniors and close family members, may prefer a phone call rather than a mass email or text message. Provide details about the funeral plans, or designate a family member or friend to communicate the visitation or service details.
3. Make Funeral Arrangements
Contact the funeral home and meet with them to go over the arrangements. If your loved one created a pre-planned funeral, it will be an easier process. You will still need to confirm all the details and information they have on file.
If not planned before, you will give the funeral home instructions for cremation or burial. Determine who will give eulogies and what readings or songs should be included in a memorial service.
4. Submit an Obituary to a Newspaper
The obituary should include details about the funeral mass or memorial service, and if there is an opportunity to pay respects. If you would prefer contributions to a charity made in a loved one‘s memory, be sure to include contact information for the charitable organization.
5. Obtain Death Certificates
You will need original death certificates to submit to life insurance companies, the Department of Motor Vehicles, the local probate court, and other institutions. A funeral home can help you determine how many copies of the death certificate you will need and order them for you.
Since there is a charge per death certificate, ask the companies you deal with if they can return the certificate. If you provide a self-addressed stamped envelope with a request for the certificate return, some companies will return the certificate once they have reviewed it and made a copy for their records.
NOTE: Funeral homes will often automatically report the death to the Social Security Administration, but you should verify that it was done.
6. Contact an Estate Attorney
Whether you need an attorney depends on the size and complexity of the estate. Small estates may qualify for simplified procedures in many states, while larger or complex estates typically require formal probate administration and legal guidance.
If your loved one worked with an estate planning attorney to draft their will, that attorney is often the best choice to handle the probate administration. They are already familiar with the decedent’s estate, their family, and their wishes. If that attorney is not available, or if your loved one didn’t have an existing attorney relationship, you can find an experienced estate planning attorney who is well-versed in probate administration through FindLaw’s attorney directory.
The estate attorney will file the will in probate court (if necessary) and handle the probate process. They will also advise you about the executor or personal representative who will handle the estate administration. Note that a personal representative must typically be formally appointed by the probate court and receive Letters Testamentary (if there’s a will) or Letters of Administration (if there’s no will) before they have legal authority to access accounts or manage assets.
If there is no will, state intestacy laws will determine who inherits the estate. An attorney can explain how these laws apply to your situation.
The personal representative collects the estate’s assets, determines its debts, and notifies creditors and beneficiaries of the estate’s administration. One important function of probate is establishing a deadline for creditors to file claims against the estate, thereby protecting beneficiaries from future claims.
Although it’s great for Hollywood drama, there’s rarely a formal “reading of the will.” Instead, an estate attorney will guide the personal representative on who must be contacted regarding estate administration and bequests.
7. Secure Mail and Safeguard Property
You can protect against identity theft by securing the decedent’s mail or having it forwarded to you. By receiving the decedent’s mail, you can pay bills, get bank statements, find out what the decedent owes, and what is due to the decedent. Keep other personal property locked up or in a secure location until distribution. Retrieve keys from service staff and caregivers and update any access codes.
When funeral or memorial service details are published in an obituary, this signals that family members will not be at home. It may be a good idea to have a trusted friend or neighbor stay at the home during the service to deter potential burglars.
A personal representative will have to contact financial institutions about investment and bank accounts once they have been formally appointed by the court.
8. Pay Bills and Review Statements
By reviewing bills and bank statements, you can determine which bills need to be paid, which accounts to close, and where certain assets are located. You may review benefit statements to find assets you might not have known about. Look for insurance premium bills, as they will alert you to potential insurance policies on which to collect.
The personal representative will need to distinguish between bills that should be paid immediately (like mortgage or utility bills to maintain the property) and those that should be paid through the probate process. Once probate is opened, the personal representative opens a checking account for the estate and pays expenses in accordance with the priority established by state law.
9. Alert Social Security to End Benefits
Contact the Social Security Administration (SSA) at 800-772-1213 to report the loss of a loved one, or verify that the funeral director has already done so. Determine if a surviving family member, such as a spouse, can collect death benefits, monthly benefits, or a larger Social Security benefit.
10. Cancel Credit Cards
Contact all credit card companies to close the decedent’s accounts. This prevents recurring charges and fees, fraudulent charges, or identity theft.
11. Notify Credit Reporting Agencies
Either the personal representative or an immediate family member should prevent identity theft by contacting the three credit bureaus and requesting that they flag the decedent’s account as “Deceased. Do Not Issue Credit.” The agencies are:
|
AGENCY |
PHONE |
WEBSITE |
|
Equifax |
888-378-4329 |
|
|
Experian |
888-397-3742 |
|
|
TransUnion |
800-916-8800 |
12. Manage Digital Assets and Social Media
Digital assets include websites, blogs, Facebook, Instagram, Twitter accounts, and email accounts such as Gmail and Yahoo. They also include cryptocurrency. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which allows an executor or personal representative named in the will or trust to manage those digital assets. Other states rely on the provider‘s terms of service or privacy policies as to who may have access to the decedent’s account.
Consult with your probate attorney about the specific laws in your state. Social media companies have different policies about what happens to your social media when you die. With Facebook, for example, you can delete the decedent’s account or create a “Memorialized Account” that can be retitled “Remembering,” which allows friends and family to leave comments, photos, and memories of the deceased.
13. Cancel Driver’s License
Contact the Department of Motor Vehicles to have the decedent’s name removed from its records. This will stop mailings and prevent fraud.
14. Contact Life Insurance Companies
If your loved one has a life insurance policy, you will have to complete a form and send a death certificate to the insurance company. Insurance companies do not automatically notify beneficiaries when a loved one passes, so beneficiaries may need to contact the insurance company to learn whether they can collect on a life insurance policy.
15. File Tax Returns
Depending on the size of the estate, certain tax forms must be filed.
- Form 1040: This income tax form must be filed for the income earned by the decedent from January 1 through the date of death during their final year
- Form 1041: If the estate generates income during administration (such as interest, dividends, or rental income), a separate estate income tax return may be required
- Form 706: This federal estate tax return must be filed for large estates, set at $13.99 million per individual in 2025 (this amount is scheduled to decrease significantly in 2026 to approximately $7 million, adjusted for inflation, unless Congress extends the current exemption level, with the return due within nine months of the decedent’s passing)
You should also check your state laws to see if there are estate taxes or inheritance taxes. Consult your probate attorney and accountant as to what state and federal tax forms you must file for the estate.
Get Help To Cope With Your Loss
Dealing with a loved one‘s end-of-life and subsequent death is overwhelming. Give yourself time and space to grieve and heal.
It is also important to get the help you need. Contact estate planning attorneys and accountants to assist with administrative tasks and legal requirements. If you’re looking for an estate planning attorney to help with probate administration or other legal matters, FindLaw’s attorney directory can help you find experienced professionals in your area.
Seek out help from support groups as well. You can search online for grief support groups in your area.
This article was adapted, with permission, from Catherine Hodder, Esq.’s book “Estate Planning for the Sandwich Generation: How to Help Your Parents and Protect Your Kids.”
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