What to DoAfter Someone Dies

Before making decisions about property, accounts, or distributions, begin by gathering basic information about the person’s estate.

This may include:

It is also important to make sure that a home, vehicle, and other significant property are appropriately secured while responsibility for the estate is being established.

• The will, trust, or other estate planning documents
• Certified copies of the death certificate
• Bank and financial account information
• Real estate and property records
• Insurance and retirement account information
• Information about outstanding bills, debts, and ongoing expenses
• Contact information for beneficiaries or other people involved with the estate

A will may name someone as executor, but being named in a will does not always mean that person already has legal authority to act on behalf of the estate.

When probate is required, a court may need to formally appoint an executor or personal representative before that person has authority to take certain actions involving estate assets.

Until authority is established, care should be taken before accessing accounts, selling property, transferring assets, or distributing belongings.

Not every estate requires the same probate process, and some assets may pass to another person without going through probate.

Whether probate is necessary can depend on factors such as how property was owned, whether beneficiaries were named, whether assets were held in a trust, the type and value of the assets, and applicable state law.

Understanding which assets are part of the probate estate is an important early step.

Creating a basic inventory can help establish what the estate includes and what may require attention.

Assets may include:

Not every asset necessarily becomes part of the probate estate. Ownership arrangements, beneficiary designations, trusts, and state law can affect how individual assets are handled.

• Bank accounts
• Real estate
• Vehicles
• Investment accounts
• Retirement accounts
• Life insurance
• Business interests
• Valuable personal belongings
• Other property owned by the person who died

Bank accounts, household expenses, mortgages, credit cards, taxes, and other financial obligations may need attention during estate administration.

However, the person handling the estate should not assume that every bill must be paid immediately or use personal funds to pay estate debts without first understanding the circumstances.

The way accounts and debts are handled can depend on ownership, available estate assets, creditor requirements, and state probate law.

A home or other real estate can create responsibilities early in the estate process.

The property may need to be secured, insured, maintained, and protected while ownership and authority are being determined. There may also be a mortgage, taxes, utilities, occupants, or other ongoing matters that require attention.

Before deciding to keep, transfer, or sell estate property, it is important to understand who owns the property and who has authority to make decisions concerning it.

Furniture, jewelry, vehicles, collections, household belongings, and other personal property can sometimes be distributed too quickly after a death.

Before belongings are given away, sold, or divided among family members, it may be necessary to determine who owns the property, whether it is part of the estate, and who has authority to distribute it.

Keeping basic records of significant estate property can also be important during estate administration.

Once the appropriate person has authority to administer the estate, responsibilities may include identifying and protecting assets, addressing debts and expenses, maintaining records, handling property, communicating with beneficiaries, and completing required probate procedures.

Assets are generally not simply distributed immediately after someone dies. Estate obligations and administrative requirements may need to be addressed before distributions can be completed.

The exact responsibilities and procedures vary according to the estate and applicable state law.

Some estates are relatively straightforward. Others involve circumstances that may require assistance from an appropriately qualified professional.

Examples may include disputes among interested parties, questions about legal authority, complicated property ownership, business interests, tax matters, significant creditor issues, or uncertainty about how state probate law applies.

Seeking professional assistance when appropriate does not mean giving up responsibility for understanding the estate. Clear information can help you ask better questions and better understand the decisions that may need to be made.

Handling an estate often takes place while family members are also dealing with grief, work, family responsibilities, and other pressures.

Some people may find additional support useful during this period. This may include bereavement resources, support groups, professional counseling, spiritual support, community programs, meditation or mindfulness, or other forms of personal support.

Pillar Beacon Partners provides educational information and access to resources that can help individuals explore the types of support that may be appropriate for them.

Estate administration is a process rather than a single event. What requires attention today may be different from what requires attention several weeks or months from now.

Pillar Beacon Partners provides educational resources covering probate responsibilities, estate assets and debts, probate real estate, executor responsibilities, and related issues. These resources can help you better understand the different stages of handling an estate and identify questions that may require further attention.

For a practical overview of the responsibilities that may arise while handling an estate, see our Executor Checklist: Essential Steps for Probate Duties.