Explore the questions / Navigate a loss
Navigate a loss.The first days, weeks, and months.
When someone you love dies, the paperwork arrives before the grief has room to settle. This is a gentle guide to what comes first, what can wait, and where to get help.
First, we’re sorry. If you’re reading this because someone you love has died, take a breath. Very little has to happen today. Much of what feels urgent can wait a few days, and some of it can wait months.
This guide is general. Rules vary by state, and every family is different. When in doubt, ask a professional before you sign or pay anything.
The first few days
- Get a legal pronouncement of death. If the death happened in a hospital or hospice, staff will handle this. If it happened at home unexpectedly, call 911.
- Contact a funeral home. They can guide you through next steps and usually help file the death certificate.
- Look for written wishes. Check for funeral instructions, a prepaid funeral plan, or a will that mentions burial or cremation.
- Secure the home, the car, and any pets. Lock up. Collect mail. Ask a neighbor to keep an eye out.
- Tell close family and friends. Let others help make calls. You don't have to do it all yourself.
The first two weeks
- Order certified copies of the death certificate. Banks, insurers, and agencies often each want their own. Many families order several, often through the funeral home.
- Find the will and any trust documents. Check the home, a safe deposit box, and the office of the attorney who prepared them.
- Notify Social Security. The funeral home often does this. Ask. Payments received after death may need to be returned.
- Contact the employer, if the person was working, about final pay, benefits, and any group life insurance.
- Contact life insurance companies to start claims. Beneficiaries usually file directly.
- Contact the Department of Veterans Affairs if the person was a veteran. There may be burial and survivor benefits.
Before you pay anything
This is important: in general, family members are not personally responsible for a loved one’s debts. Debts are usually paid from the estate, meaning what the person left behind. There are exceptions, such as a debt you co-signed, a joint account, or special rules in some states. But don’t pay a debt from your own pocket just because a collector calls. Ask for everything in writing, and ask an attorney if you’re unsure.
- Keep paying the essentials that protect the estate: mortgage, property taxes, homeowners insurance, and utilities that keep the house safe.
- Notify the three major credit bureaus to help prevent identity theft.
- Cancel or transfer services the person used: phone, streaming, subscriptions.
The first few months: settling the estate
Settling an estate means gathering what the person owned, paying valid final bills and taxes, and passing on what’s left to the people entitled to it.
If there’s a will, it names an executor. The executor usually files the will with the local probate court and receives legal authority to act.
If there’s no will, a family member typically asks the court to be appointed administrator. The estate passes under the state’s default rules.
Some assets skip probate entirely. Accounts with a named beneficiary, a payable-on-death or transfer-on-death designation, and property owned jointly with right of survivorship usually pass directly. Contact each institution with a death certificate.
Small estates may qualify for a simpler process. Many states allow a short form, sometimes called a small estate affidavit, when the estate is under a certain amount. Ask the probate court clerk.
- Open an estate bank account if the court appoints an executor or administrator.
- Keep records of every payment in and out.
- File the final income tax return, and any estate tax returns if required.
- Don't distribute money to heirs until valid debts and taxes are handled.
Look for what’s been forgotten
Families often miss money that’s been set aside. Search your state’s official unclaimed property program for the person’s name, and in any state where they lived. Look through mail and email for statements from banks, credit unions, retirement plans, and insurers. Check old pay stubs for workplace retirement plans and life insurance.
If there’s a house or land
Don’t let the property sit untended. Keep it insured and the taxes paid. If there’s a mortgage, contact the servicer, tell them about the death, and ask to be confirmed as a successor in interest. If the deed is still in an older relative’s name, or there was no will, talk to an attorney or a heirs’ property legal aid organization before anyone signs anything. Read Our house. Our future? for more.
Take care of yourself
Grief is not a task on a checklist. It comes in waves, and it doesn’t follow a schedule. Ask for help. Let people bring food. Lean on your church, your friends, your community. If you’re overwhelmed, a grief counselor or support group can help.
The paperwork will still be there tomorrow. You matter today.
Where to get help
- An estate or probate attorney in the state where the person lived
- Your local probate court clerk, who can explain the forms, even if they can’t give legal advice
- Legal aid organizations, for families who need free or low-cost help
- The funeral home, for help with death certificates and notifications
- Your bank or credit union, many of which have a dedicated team for estate accounts
This page is general education, not legal or tax advice. Laws vary by state.
Take this to the table
“If something happened to me, would you know where to start?”
LEGACY is educational. It is not legal, tax, or financial advice. Laws vary by state; talk with a qualified professional about your situation.