What to Do After a Loved One Passes Away: A Step-by-Step Guide When There is a Will or Trust

Losing a loved one is emotionally overwhelming, and the legal and financial responsibilities that follow can feel confusing and stressful. If your loved one had a will or trust, having a clear roadmap can help you move forward with confidence and avoid unnecessary delays or disputes.

This guide walks you through the general steps families should take after a death when estate planning documents are in place. While every situation is different and laws vary by state, these steps provide a practical starting point.

Step 1: Take Care of Immediate Matters

In the first few days following a death, focus on urgent and personal responsibilities.

• Obtain a legal pronouncement of death from a medical professional

• Arrange funeral, burial, or memorial services

• Notify close family members and friends

• Secure the home, vehicles, and valuable personal property

• Make arrangements for pets or dependents

At this stage, it’s okay to move slowly. Legal matters can wait a few days while you take care of yourself and your family.

Step 2: Locate the Will and Trust Documents

Find the original estate planning documents as soon as possible, including:

• The original will

• Any trust agreements

• Amendments or restatements

You’ll also want to identify who is named as the personal representative (also know as executor) (for a will) or successor trustee (for a trust). These individuals are legally responsible for managing the next steps.

Related documents such as deeds, beneficiary designations, financial statements of accounts and prior estate planning paperwork should also be gathered and kept in a secure location.

Step 3: Contact Key Professionals

Administering an estate often involves multiple professionals. Common contacts include:

• An estate planning or probate attorney

• A financial advisor

• A CPA or tax professional

• Life insurance companies

• Employers or benefit administrators

An experienced attorney can help you understand which steps are required, which can be avoided, and how to reduce stress during the process.

Step 4: Obtain Certified Death Certificates

You will need certified copies of the death certificate to transfer assets and notify institutions. Most families request 5–10 certified copies, depending on the complexity of the estate.

Death certificates are commonly required by:

• Banks and financial institutions

• Life insurance companies

• Retirement account custodians

• Real estate title companies

  
  

Step 5: Review the Will or Trust Carefully

Once documents are located, take time to review them closely. Look for:

• Named beneficiaries

• Distribution instructions

• Specific timelines or conditions

• Whether probate is required

• Which assets are owned by the trust versus individually

This step often raises questions, which is where professional guidance can be especially valuable.

Step 6: Begin the Legal Process

If There Is a Will (Probate Estate)

When a will exists, it may need to be filed with the probate court. The court typically appoints the executor and issues Letters of Personal Representative, which give legal authority to act on behalf of the estate.

If There Is a Trust

If assets are held in a trust, the successor trustee assumes responsibility. Trust administration usually occurs outside of probate but may still involves legal duties, notices to beneficiaries, inventory , accounting, and careful recordkeeping.

Step 7: Notify Agencies and Institutions

Important organizations should be notified promptly, including:

• Social Security Administration

• Pension or retirement plan administrators

• Veterans Affairs (if applicable)

• Banks, lenders, and credit card companies

• Utility and insurance providers

Timely notification can prevent overpayments, late fees, penalties, fraud, and unnecessary complications.

Step 8: Inventory Assets and Debts

If the personal representative or trustee must identify and value all assets and outstanding debts. This often includes:

• Real estate

• Bank and investment accounts

• Retirement accounts and life insurance

• Business interests

• Vehicles

• Personal property

• Outstanding loans, credit cards, and bills

Accurate records are critical throughout the administration process.

Step 9: Manage Ongoing Responsibilities

During administration, the personal representative or trustee may need to:

• Maintain insurance coverage

• Pay ongoing bills and expenses

• Manage, sell, or transfer property as allowed

• Keep detailed financial records

• Use a dedicated estate or trust bank account

These duties carry legal responsibilities, so careful documentation is essential.

Step 10: Handle Taxes and Financial Filings

Depending on the estate, tax obligations may include:

• A final personal income tax return

• Estate or trust income tax returns

• Payment of any outstanding taxes or liabilities

Missing deadlines can result in penalties, making professional tax guidance highly recommended.

Step 11: Distribute Assets to Beneficiaries

Only after debts and taxes are resolved should distributions be made. Distributions must follow the exact terms of the will or trust.

Beneficiaries should receive documentation of what they receive, and receipts should be kept as part of the estate records.

Step 12: Close the Estate or Trust

The final step is closing the estate or winding up the trust. This may involve:

• Providing a final accounting to beneficiaries

• Obtaining court approval (if required)

• Closing estate or trust accounts

• Retaining records for future reference

Once complete, the personal representative or trustee’s legal duties come to an end.

When to Seek Legal Guidance

Even with a will or trust, estate administration can feel overwhelming. Working with an experienced estate planning or probate attorney can help ensure the process is handled correctly, efficiently, and with minimal stress for your family.

If you have recently lost a loved one and are unsure where to begin, professional guidance can make all the difference.

This is for educational purposes only. It is not to be construed as legal advice. You should contact competent, legal, tax, and financial advisors.

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