5 Urgent Matters to Address In The Weeks After A Death

Once a loved one passes away, the emotional toll is often accompanied by a pressing need to manage practical affairs. Handling these responsibilities swiftly is crucial, not only to guaranty the deceased's wishes are honored but also to safeguard the family's financial and legal interests. The period immediately following a death can feel overwhelming, filled with tasks that demand attention amidst grief. We group the urgent matters to be handled after death into five categories: 1) settling the estate, 2) handling assets, 3) processing key documents and information, 4) administering everyday expenses, and 5) closing electronic accounts.

Whether or not your loved one had the chance to organize their affairs (as discussed in our previous post, Give the Gift of End-Of-Life Planning), this guide will help you perform these essential activities. While some tasks, like obtaining death certificates or closing accounts, cannot be prepared in advance, others can be substantially streamlined with prior planning. Every situation is unique, and not all tasks will apply universally, but this blog provides a structured approach to tackling the immediate responsibilities. Sharing these duties among family members—spouses, partners, children, and grandchildren—can also lighten the individual load, allowing the family to support each other through this difficult time.

#1 – Settling the Estate

After the loss of a loved one, managing their estate promptly and correctly is vital. This process can vary widely depending on the estate size, the existence of a will, and other end-of-life preparations. Here are some general steps to guide you through the initial phase of settling an estate:

Locate the Will and Identify the Executor

The first step in estate management is locating the will. This document typically outlines how the deceased wished their assets to be distributed and names an executor responsible for managing the process. If you had discussions with your them prior to their passing, you might already know where the will is stored—common places include a home safe, a desk drawer, or a safe-deposit box. Accessing a safe-deposit box may require a death certificate and proof of your role as the executor if you are not already listed as a co-owner. If a will does not exist, a probate court judge will appoint an administrator to perform the executor's duties.

Consult with a Trusts and Estates Attorney

While it's possible to settle an estate without legal assistance, consulting with a trusts and estates attorney can simplify the process, especially for estates valued over $50,000. An attorney can help navigate legal complexities and certify the proper asset distribution. Typically, the executor selects the attorney to assist with the estate.

Coordinate with a Certified Public Accountant (CPA)

If they had an accountant, it's advisable to contact them; otherwise, hiring a CPA may be necessary. The estate might need to file current year tax returns, as well as a final tax return for the deceased. Proper tax handling is a central component of estate settlement.

Proceed with Probate

Probate is the formal process by which a will is validated by the court, and it involves taking the will to a local probate court office. The probate process warrants that all debts and liabilities are settled and that remaining assets are distributed according to the will. If there is no will, the court will apply intestate succession laws to determine the heirs, typically prioritizing spouses, children, parents, siblings, and then extended family members. If they established a trust, you might bypass the probate process altogether, which can expedite the asset distribution.

#2 – Handling Assets

Managing their assets becomes a priority after death. This process can be intricate and varies depending on whether a will exists or not. Here's a step-by-step guide to help you administer this complex process.

Inventory Assets

Begin by compiling an asset inventory, which is a standard requirement for probate proceedings in most states. This inventory should include everything from bank accounts, vehicles, real estate, to personal belongings like jewelry and furniture. For an accurate physical item assessment, especially for valuable possessions, consider hiring a professional appraiser. This step is required not only for probate but also to ensure fair distribution according to their wishes and state laws.

Determine Property Disposition

Next, determine each asset’s future. Decisions may need to be made about selling real estate, vehicles, or other personal property, or whether these should be inherited directly by beneficiaries as stipulated in the will. If a will specifies the distribution, follow those directions closely. However, in the absence of a will, these decisions can become more complex, often requiring consensus from all family members involved. In such cases, hiring a mediator might help facilitate these discussions and prevent potential disputes.

Marshal and Track Down Additional Assets

The process of marshaling—locating and securing all the deceased’s assets—is frequently the most challenging part. For complex estates, this task can extend over months or even years. It involves meticulous financial document examination, including tax returns, bank and brokerage statements, and property deeds and titles. Make certain that all possible locations such as safe-deposit boxes and personal filing systems are thoroughly checked. Some families opt for professional search firms to assist in this process, though a diligent do-it-yourself approach using detailed records can be equally effective.

Control Financial Accounts

Identify the beneficiaries listed on each financial account. In many cases, these accounts will have designated beneficiaries who can claim the assets directly with the appropriate forms and a death certificate, bypassing the need for executor involvement. However, it’s important to be aware of potential tax implications. As the new asset holder, you might be liable for taxes accrued prior to the owner's death. Especially for high-value investment accounts, these taxes can be substantial.

#3 – Processing Key Documents and Information

There are multiple documents and extensive information to be managed after a loved one’s passing.  The following reviews each type and summarizes the steps to complete any required processes.

Obtain Death Certificates

One of the first thing you need to do is obtain original death certificates as the legal proof of death that is necessary for various administrative and financial processes. The death certificate is completed by a medical professional—such as a physician, coroner, or medical examiner—who confirms the cause, time, and deceased’s identity. A licensed funeral director also signs the certificate, verifying that the body was handled appropriately. This document is required by law for many necessary tasks, including:

• Legal and Financial Transactions. You will need a death certificate for closing bank and brokerage accounts, filing for insurance claims, and settling estates through probate.

• Government Notifications. Registering the death with government agencies requires a death certificate.

• Transferring Assets. Titles for real estate and vehicles, as well as stocks and bonds, cannot be transferred without a death certificate.

• Claiming Benefits. To access benefits such as life insurance, health insurance, retirement funds, or military benefits, an original death certificate is typically required.

It's advisable to secure at least 10 original death certificates. The number can vary depending on the complexity of the deceased's affairs and the various institution’s requirements for handling the estate. You can obtain these copies through the funeral home handling the services or directly from the vital statistics office in the state where the person died. While many organizations require an original copy to complete major financial transactions and legal changes, others may accept a photocopy, scan, or fax for less significant notifications. Here’s where you might need each:

Original death certificates are usually required for:

• Life and health insurance claims

• Retirement accounts and 401(k) distributions

• Military benefits

• Real estate and motor vehicle title transfers

• Tax returns and handling human remains

Copies of the death certificate may suffice for:

• Notifying credit agencies and communication providers

• Informing in-state banks and the Department of Motor Vehicles

• Updating employers about the family member's death

Notify Government Agencies

Promptly notify various government agencies to confirm that benefits are adjusted and services are updated in accordance with the law. These notifications guarantee that government records are accurate and that any benefits due to survivors are processed without unnecessary delays. This process can also help prevent the fraudulent identity use and associated benefits. Key agencies to contact include:

Social Security Administration (SSA)

Upon the death of someone receiving Social Security benefits, you must contact the SSA to stop the payments. Be aware that any benefits they are receiving will be prorated to the date they died.  The SSA will calculate the prorated amount to be retained by the decedent’s estate and require any excess funds remain in the deposit account. An electronic funds transfer will be initiated by the SSA to recover excess proceeds.  If you have previously removed those funds from the account, you will be responsible for their return.

The SSA also handles notifications to Medicare and Medicaid about the death. Some family members may qualify for a one-time death benefit or other survivor benefits. Funeral directors habitually report the death to the SSA, but it remains the family's responsibility to make sure the administration is informed. You can report the death by calling the SSA directly at 1-800-772-1213 or visiting your local SSA office. SSA only accepts reports of death by phone or in person.

Veterans Affairs (VA)

If they were a veteran, the VA should be notified to discontinue any benefits and to activate any entitlements for burial and memorial services. The quickest way to report a Veteran’s death is by phone to 1-800-827-1000 This may include a burial flag, a grave marker, and potential benefits for the surviving spouse or dependents.

Update Insurance Providers

Address their insurance policies promptly to adjust or terminate coverage as necessary. Here’s how to handle insurance tasks:

• Health Insurance. Immediately contact the health insurance provider to cancel the policy. Make certain that you have a death certificate to facilitate the cancellation process.

• Home and Auto Insurance. Do not cancel home or auto insurance until the properties or vehicles have been transferred to new owners or sold. Maintaining insurance coverage during the transition is crucial to protect the estate from potential losses. Inform the insurance agent about the death and discuss whether the assets will be inherited or sold so they can advise on the best steps for handling the policies.

• Specialty Insurance. For assets like boats or other specialty items, cancel the insurance once ownership is transferred or the items are sold. Keeping track of these policies and ensuring they are only active while necessary helps in reducing unnecessary expenses.

• Long-Term Care Insurance. If the deceased had long-term care insurance, notify the insurer of the death. Even if benefits were not being received, it's a necessity to close the account and settle any final details with the insurance provider.

• Life Insurance. To claim any benefits from life insurance policies, you will need to provide the insurance company with an original death certificate and the policy numbers. Each company will likely have specific forms for you to complete to claim any benefits. Life insurance claims can provide sizable financial support to beneficiaries, so it's necessary to handle these matters with care and attention to detail. For example, if the policy also covered a spouse or partner, still notify the insurance carrier that one of the beneficiaries has passed away. This will streamline processing later when the other spouse wants to access the benefits or passes away.

Secure Identification Documents

Managing a loved one’s identification documents is a critical step in settling their affairs and preventing identity theft. Taking these steps makes certain your loved one's identity is respectfully managed and protected after their passing, reflecting careful attention to their legacy and legal considerations.

Canceling the Driver's License and State ID

To prevent misuse and remove their name from governmental records, cancel their driver’s license or state identification card. Contact the Department of Motor Vehicles (DMV) for specific instructions. Retain a copy of the canceled license or ID, as it may be required to close accounts or for other verification purposes. This step is central in preventing identity theft and ensuring that personal information is properly managed.

Managing Passport

For the passport, you have options depending on your preferences and concerns about identity security:

• Keep as a Memento. You may retain the passport to preserve travel memories.

• Cancel and Return. If you opt for cancellation to prevent identity theft, send the passport along with a copy of the death certificate to the appropriate government office. If you wish the canceled passport to be returned, make sure to include a request letter.

• Government Disposal. Alternatively, you can request that the government destroy the passport after cancellation.

Updating Voter Registration

To update voter registration records:

• Notification. Contact your state or county election office directly. Some states automatically update voter rolls upon receiving death notifications from other state agencies.

• Manual Removal. In states that do not automatically update, you may need to notify the election office in writing or provide a death certificate to remove your relative from the voter rolls. This step is needed to prevent potential voter fraud and maintain accurate voting records.

Protect Credit Card Accounts

This step not only secures financial legacy but also protects surviving account holders’ financial wellbeing. Three steps are required to prevent identity theft and fraudulent credit card usage.

Close or Update Accounts

Your initial step should be to contact the customer service department for each credit card issuer. Inform them that you are either removing an account holder from the account or closing it due to the cardholder's death and be ready to provide a copy of the death certificate. Keep detailed closed account records and communicate any outstanding balances to the estate executor.

Alert Credit Bureaus

To safeguard against identity theft following their death, it's imperative to notify the credit bureaus. Send a copy the death certificate to one of the three major credit agencies—Equifax, Experian, or TransUnion. Once one agency is informed, it will transmit the information to the other two; and they will communicate this information to the card companies. This step certifies that credit files are properly sealed and helps prevent fraudulent activities under their name.

Destroy Physical Cards

For security measures, it’s advisable to physically destroy any credit cards to avoid potential theft or misuse. If the account was jointly held and the co-user intends to continue utilizing the account, notify the bank to remove the deceased's name but keep the account active. Make sure that any cards bearing their name are destroyed to prevent identity theft and fraud.

#4 – Administering Everyday Activities

After their death, managing everyday activities can be a daunting yet necessary task. Ensuring that ongoing financial obligations are met during the estate settlement process is crucial to maintaining the estate's integrity and ensuring legal compliance.

Forward Mail

To manage incoming mail effectively, setting up mail forwarding is necessary. You can do this by visiting your local post office or through the USPS website. Forwarding their mail to yourself or another trusted individual prevents their mailbox from overflowing, which can be a signal that the home is unoccupied, potentially attracting theft or vandalism.

Additionally, handling their mail personally allows you to gather necessary information about their financial affairs. By reviewing the mail, you can identify the banks with which they held accounts, any credit cards they used (and whether there are outstanding balances to settle), or if there are any active loans. This information is key for wrapping up financial matters and ensuring that all obligations are met, helping to streamline the estate process. You will want to monitor their mail for at least a year as some statements are only sent on a quarterly, semi-annually, or annual basis.

Catalogue and Pay Bills

Start by making a comprehensive list of all ongoing bills, such as mortgage payments, property taxes, utility bills, credit card debts, and car payments. Share this list with the estate executor or administrator to safeguard that all principal expenses are accounted for and managed appropriately. This step is vital for maintaining the estate’s assets, like real estate, which might continue to incur costs until they are legally transferred or sold.

If the deceased had large debts, such as credit card debt, these are typically settled by the estate. If the estate lacks sufficient funds to cover all debts, certain debts may be written off, depending on state laws and the nature of the obligation. Note that personal debts do not usually transfer to surviving relatives unless explicitly co-signed.

Continue or Cancel Services and Subscriptions

For utilities and insurance linked to properties that are to be transferred or sold, confirm these services are maintained until the transfer is complete. Setting up automatic payments or using calendar reminders for due dates can help manage these payments efficiently. This proactive approach prevents lapses in necessary services like electricity and heating, which could complicate the estate handling.

Simultaneously, begin the process to cancel services that are no longer necessary. This includes subscriptions and memberships such as cable TV, internet services, streaming platforms, gym memberships, and mobile phone plans. Reviewing the mail and bank statements can help you identify which services were regularly used and require cancellation.

Canceling these services promptly prevents the estate from incurring unnecessary costs and helps conserve resources that could benefit the beneficiaries. For subscriptions or services charged automatically to a credit card, immediate cancellation is vital to prevent further charges.

Transfer Loyalty Programs

For those who frequently traveled or participated in buyer loyalty programs, it's helpful to address any accumulated points or benefits. Contact each company directly to inquire whether these points can be transferred to a beneficiary or another family member. This could potentially offer some travel or purchase value, depending on the company's policies regarding account closures and transfers after a member's death.

Discontinue Volunteer Services and Community Aid

Remember to discontinue any ongoing services from volunteer organizations and community agencies, such as Meals-on-Wheels. These services are often scheduled to continue indefinitely and may incur costs or utilize resources that could assist others in need. Contact each organization directly to inform them of your loved one’s passing and request the cessation of services. This not only helps prevent unnecessary service continuation but also allows these organizations to reallocate their valuable resources to help others in the community.

#5 – Closing Electronic Accounts

You’ll want to close any electronic accounts—email, social media, applications, and websites—to protect their legacy and prevent identity theft.

Shutdown Email Accounts 

To safeguard against identity theft and fraud, it is key to close email accounts. If they had prepared a funeral plan or will, they might have provided login details to facilitate this process. If not, you will generally need death certificate copies to proceed. Each email provider has its own requirements, but most will ask for a death certificate and verification of your relationship to the deceased, or proof that you are the estate executor.

Delete or Memorialize Social Media Accounts 

For social media accounts, you have the option to either delete them or convert them into memorial accounts. Platforms like Twitter, Facebook, and Instagram offer ways to memorialize a user's profile. For instance, Facebook adds "Remembering" before the name on their profile, allowing friends to continue posting on their timeline. If you decide to delete the account or memorialize it, you will need to provide the platforms with a copy of the death certificate.

It's important to note that if you do not have the passwords for these accounts, privacy laws generally prevent access to them. However, you can contact social media companies to request that an account be memorialized, which keeps it active under a "remembering" label, allowing people to view and interact with the content in remembrance. These platforms will also guide you on how to delete an account upon submitting the necessary documents. Most email providers will deactivate an account automatically after a period of inactivity, but you can contact them directly with the deceased’s information to confirm the account is properly closed. Always check with the specific service provider to understand their policies and make sure you comply with their requirements.

Administering these activities in the aftermath of a loved one’s passing involves numerous responsibilities, from managing assets and handling expenses to updating important documents and closing various accounts. Each step ensures their affairs are settled with care and respect. While this guide outlines key actions to start in the crucial weeks following a death, remember that this is a collective effort, frequently shared among family members that may extend for months and years.