What to Do When a Loved One Passes Away
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A Practical Step-by-Step Guide
Losing a loved one is overwhelming. In addition to grief, families are often faced with urgent decisions and legal responsibilities.
This guide provides a clear checklist of what to do after a death, what documents you may need, and when to contact an attorney.
Step 1: Get a Legal Pronouncement of Death
If your loved one passes away:
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In a hospital or facility, staff will handle pronouncement.
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At home, call 911 (or hospice, if hospice is involved).
If hospice is involved, they will guide you through the process and arrange next steps.
Step 2: Notify Close Family and Key Contacts
Call immediate family members and close friends. If your loved one had:
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a spouse
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adult children
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a religious leader
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an attorney
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a financial advisor
it is helpful to notify them early.
Step 3: Locate Important Documents
Try to locate:
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Will and/or Trust documents
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Funeral or burial instructions
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Power of Attorney (note: POA ends at death)
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Life insurance policies
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Military discharge papers (if applicable)
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Deed to property and vehicle titles
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Bank and investment statements
If you cannot find the Will, an attorney can help determine whether one exists or was filed.
Step 4: Contact a Funeral Home
A funeral home can assist with:
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transportation of the deceased
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death certificates
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burial or cremation arrangements
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obituary publication
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coordination with cemetery or crematory
If arrangements were prepaid, locate the contract.
Step 5: Order Multiple Certified Death Certificates
You will likely need certified death certificates for:
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life insurance claims
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bank and investment accounts
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retirement accounts
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Social Security
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pension benefits
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property transfers
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probate court filings
Best practice: Order 10–15 certified copies initially (more if the estate is complex).
Step 6: Secure the Home and Property
If your loved one lived alone:
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lock the home
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secure valuables
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forward mail
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care for pets
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keep utilities active
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take photos of valuables for documentation
If there are vehicles, ensure they are secured and insured.
Step 7: Notify Social Security and Benefits Providers
If the deceased was receiving benefits, notify:
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Social Security Administration
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pension administrators
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Veterans Administration (if applicable)
In many cases, the funeral home will report the death to Social Security, but families should confirm.
Step 8: Determine Whether Probate Is Needed
Probate may be required if your loved one owned:
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real estate solely in their name
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bank accounts without a payable-on-death beneficiary
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investments without a transfer-on-death designation
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vehicles solely titled to them
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other significant assets
If assets were held in a trust or had named beneficiaries, probate may be simplified or avoided.
Step 9: Identify the Executor or Personal Representative
If there is a Will, it typically names an Executor.
If there is no Will, the court may appoint an Administrator under state law.
The Executor/Administrator is responsible for:
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gathering assets
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paying debts and taxes
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managing estate accounts
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distributing property to heirs
Step 10: Notify Banks, Insurance Companies, and Creditors
Once the Executor is appointed (or if immediate action is needed), notify:
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banks
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mortgage lenders
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credit card companies
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insurance carriers
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landlords (if applicable)
Do not distribute property or money too early. Estates often have required notice procedures.
Step 11: Avoid Common Mistakes
Many families accidentally create legal issues by:
❌ removing property before confirming ownership
❌ closing accounts too early
❌ distributing funds before paying debts/taxes
❌ assuming the Will automatically avoids probate
❌ ignoring mail from creditors or the court
❌ failing to open an estate account when needed
When in doubt, speak with an attorney before taking action.
Step 12: Handle Bills and Ongoing Expenses
The estate may still be responsible for:
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mortgage payments
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property taxes
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utilities
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insurance premiums
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vehicle payments
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storage costs
It’s important to prevent property loss, foreclosure, or lapse in insurance coverage.
Step 13: File Life Insurance and Retirement Claims
Many assets transfer outside probate, including:
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life insurance proceeds
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401(k), IRA, pension benefits
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payable-on-death bank accounts
These claims require death certificates and beneficiary documentation.
Step 14: Begin the Probate or Estate Administration Process
Estate administration may involve:
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filing the Will with the court
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opening an estate
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obtaining Letters Testamentary / Letters of Administration
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notifying beneficiaries and creditors
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preparing an inventory of assets
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paying debts, taxes, and expenses
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distributing remaining assets
Every state has different deadlines and rules.
Step 15: Take Care of Yourself and Your Family
This is a difficult time. It’s okay to ask for help.
Handling an estate can be emotionally draining and time-consuming, especially when family members disagree or the estate is complicated.
When Should You Contact an Attorney?
You should consider speaking with an attorney if:
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there is real estate involved
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there is no Will
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there are disputes among heirs
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the estate has debt or creditor issues
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the deceased owned a business
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probate is required
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you are unsure what steps to take
A short consultation can often prevent costly mistakes.
Need Help?
If you need assistance after the loss of a loved one, Ginsburg Law Group can guide you.
Important Disclosure
This page is provided for general informational purposes only and does not constitute legal advice. Probate and estate laws vary by state. An attorney-client relationship is formed only through a signed written agreement.
