When a death occurs, there are so many things that are necessary to handle. It is important to take care of the physical and emotional needs of family and loved ones, so take some steps to assure they are addressed early. Once these immediate needs are handled, then it is important to attend to the Estate and the steps needed to care for it. There are legal requirements of this process, so most people choose to work with a qualified Attorney to address the process of handling the decedent’s Estate. (Please note, the law requires a Petition for Probate to be filed within 30 days from decedent’s date of death).
EARLY STEPS AFTER DEATH
- Arrange for care of a surviving spouse, dependent children, & pets.
- Certification of Death. The County Coroner is the legal entity that issues Death Certificates. If the death occurred in a hospital or from an accident where the deceased was transferred to a hospital, the hospital staff can take care of of the necessary steps to certify the death and notify the county coroners office with the information needed for the Death Certificate.
If the death has occurred away from a hospital, certain people/groups will need to be officially notified as to the information. Hospice care workers often handle the necessary tasks if they were involved in care for the deceased through a sickness.
- Notify employer, school, etc.
- Cancel home care services
- Forward/Arrange for mail pick-up, cancel subscriptions, etc.
- Notify family, friends, memberships, clubs, etc.
- Arrange for yard care and maintenance of real property.
EARLY STEPS FOR ESTATE ADMINISTRATION
- Find, read, and safeguard Will and Living Trust, if available.
- Meet members of family and other interested parties of the deceased.
- Assist in notifications and preparations of burial/cremation and ceremonial arrangements
- Determine who is to be Executor/Administrator (Estate Representative) of the Estate.
- If there is a Will, it usually appoints an Executor; this is normally becomes the Estate Representative if they are willing and able.
- If there is no Will, the Estate will need to go through the Courts, and the Court will appoint an Administrator as the Estate Representative. There is a priority list of whom the Court will appoint, usually starting with the surviving spouse, children, etc. (Paperwork to start the process will require someone to file a “Petition for Probate” with the Court, so it is preferred to have the person who will be appointed the Estate Representative to work with a Probate Attorney or personally do the filing).
- If the Estate is considered a Small Estate, the assets must fall below a certain value.
- A full Probate
- Gather available Estate records and information (see our Estate Record Checklist). Review records & information for Estate; take immediate protective measures to protect assets.
- Secure Personal Property (cash, furniture, electronics, jewelry, antiques, art, collectables, vehicles, firearms, tools, china/crystal/silver, equipment, etc.)
- Protect Real Property. Inspect condition, review live-in caretaker or vacant options, keys/locks, upkeep, ongoing bills (mortgage, taxes, Home Owner’s Association (HOA), alarm, utilities, insurance, etc.). Review leases, management for vacation houses, investment properties, etc.
- Secure Business Interest (business records and property). Confer with key people in management and arrange for ongoing business as needed.
- Protect Securities and Intellectual Property (cash, bank accounts, retirement accounts, securities, pensions, insurance policies, royalties, copyrights, patents etc).
- Review Probate guidelines and determine if Probate is necessary.
- Notify banks, insurance companies, former employers, Social Security Admin., pension payers, mortgage company, HOA, credit card companies, volunteer & social groups, health providers, USPS, Veterans Affairs, DMV, etc. Secure portable valuables (cash, art, jewelry, collections, firearms, etc.)
- Secure/Dispose of medications,
- Secure Real Property. Change locks if necessary, arrange a lock-box on property with keys, arrange for continual yard care and maintenance.
- Notify mortgage company, utility companies, Home Owner’s Associations (HOA) of descese.
- Notify asset companies and insurance companies
- Notify Social Security Administration of descease
- Notify creditors of decease.
- Request Death Certificate.
- Confer with attorney who drew the Will and persons familiar with financial affairs of Estate.
- Obtain services of a qualified Probate Attorney to prepare documents for filing of Probate if necessary.