The days immediately after losing someone are overwhelming, and the last thing most families want to think about is paperwork. But a few practical steps taken early can prevent much larger problems later. This guide covers the legal and administrative tasks that need to happen first — in plain terms, without the runaround.
Step 1: Get the Death Certificates
Before almost anything else can happen, you will need certified copies of the death certificate. The funeral home typically handles the filing and can order copies on your behalf.
Order more than you think you need — you will likely need to submit a copy to the bank, life insurance company, Social Security, any pension administrators, the county recorder if real estate is involved, and more. Many families find that ten to fifteen copies is not excessive.
Step 2: Notify Social Security
If your spouse was receiving Social Security benefits, notify the Social Security Administration promptly. A surviving spouse may be entitled to survivor benefits, which could be higher than your own current benefit.
You generally cannot do this online — call Social Security directly or visit your local office. Bring the death certificate and your own identification.
Step 3: Contact Financial Institutions
Notify your bank and any investment or retirement account holders. If you held accounts jointly, the assets typically transfer to you automatically — but the institution will still need to update their records and may require a death certificate to do so.
For accounts that name a beneficiary, the beneficiary will need to contact the institution directly to claim those assets. This process is separate from the will and does not go through probate.
Step 4: Locate the Will and Contact an Estate Attorney
If the deceased had a will, locate the original copy. It may be:
- In a home fireproof safe or filing cabinet
- Filed with the local probate court
- Held by the attorney who prepared it
The will typically needs to be submitted to the probate court in the county where the deceased lived. An estate attorney or elder law attorney can guide you through this process, help you understand what assets go through probate and what do not, and make sure everything is handled correctly.
Even if the estate seems simple, one hour with an attorney early in the process can prevent expensive mistakes later.
Step 5: Take Stock of What Needs to Be Handled
Not everything requires probate or an attorney, but there is usually more to coordinate than families expect. Make a list of:
- Ongoing bills and subscriptions to cancel or transfer
- Utilities, mortgage, or rent that need to remain active or be closed out
- Insurance policies (life, home, auto, Medicare supplement)
- Vehicle titles that may need to be transferred
- Any business interests or debts
Work through this list at a pace that is manageable. There is rarely a reason to rush through everything at once.
What Probate Actually Means
Probate is simply the court process by which a will is validated and assets are legally transferred to the people named in it. It sounds more complicated than it is in most cases.
Not all assets go through probate. Jointly held property, accounts with named beneficiaries, and assets held in a trust pass directly — often within weeks. The probate process typically applies only to assets that were owned solely in the deceased person's name with no named beneficiary.
An elder law attorney can tell you exactly which assets in your specific situation need to go through probate and which do not.
Take Care of Yourself in the Process
Grief does not follow a schedule, and neither does estate administration. If you feel pressured to make major financial decisions quickly — whether by a family member, a creditor, or anyone else — slow down. Most decisions can wait a few days. The ones that cannot, your attorney will tell you about.
Where to Learn More
- USA.gov — What to Do After a Death — usa.gov/after-a-death A step-by-step federal guide covering notifications, benefits, and estate steps with links to relevant agencies.
- National Academy of Elder Law Attorneys — naela.org Find an elder law attorney in your area who can guide you through estate settlement.
- Social Security — Survivors Benefits — ssa.gov/benefits/survivors Official information on survivor benefit eligibility, how to apply, and what documents to bring.