1. Contact and retain a properly licensed attorney knowledgeable in the area of estates promptly after death. Work with the attorney to prepare a list of all legal deadlines to make claims. The attorney will commence any necessary court proceedings and coordinate the following activities with the personal representative in writing, the trustees (where a trust is involved) and/or other attorneys.
2. It is necessary to collect approximately multiple (at least 5) copies of the death certificate for legal purposes. These will be used to supply official proof of death to agencies such as the banks, insurance companies, social security administration, etc. All require certified copies. If you require additional copies in the future the funeral director may obtain them for you or you can go get them from the city or county clerk where the death certificate was originally filed. There may be additional charges to obtain copies of the death certificate at a later time.
3. Financial institutions where the deceased conducted business should be notified as to the fact and date of death of the deceased. These include banks, savings institutions or credit unions with which the deceased may have had accounts or safe deposit boxes. Replace the deceased’s name from any accounts with that of his or her estate as soon as possible.
4. The deceased’s employer or previous employer, if he or she was retired at the time of his or her death should be notified as to his/her death and the time thereof. Ask the personnel department whether or not there are any insurance policies in effect, as well as who owned the policies, what loans and claims are thereon, who the beneficiaries thereof are, what death benefits are available and to whom and what pension monies are due and other employee benefits are due to the deceased or any survivor. Have your attorney review and report upon them to you in writing.
5. Check for applicable automobile insurance. Obtain the policies and read them or have them read and reported upon to you by your attorney in writing. If the deceased was killed in an automobile accident, ascertain whether any insurance benefits exist concerning all parties, including both drivers and both vehicles owners, whether the policies were in effect with all premiums paid at the time of death and whether any unused portion of the insurance premium is refundable and to whom will it be payable.
6. If the deceased was a member of a union, fraternal organization, etc., notify those organizations. Benefits could be available to the surviving spouse or his or her children. Have your attorney review these benefits and report upon them to you in writing.
7. Inquire as to the existence of any health insurance coverage for you and your family, including what coverage was paid for and by whom and was in effect at the time of death or injury that gave rise to death. Find out when any benefit of this nature expires and whether they can be extended in certain events.
8. Go to a local Social Security office and survey any benefits due the surviving spouse or his or her children. Apply for them promptly to avoid expiration deadlines.
9. In the event that the deceased was a veteran, call the Veteran’s Administration and obtain instructions and forms listing their requirements to process, along with the location of the closest Veteran’s Administration or Soldiers and Sailors Relief Fund. Apply for them promptly to avoid expiration deadlines.
10. Keep an up-to-date accounting of all income and expenses pertaining to the deceased.
11. Review the relevant present financial circumstances pertaining to the deceased. Were any debts owed to the deceased? If so, make sure an effort is made to collect them as soon as possible. The longer you wait the harder it will be to collect them and the cost of collecting them will keep going up.
12. In a situation where no assets exist, and income or monies are due the deceased or you presently, you might also see if you or the deceased qualify for emergency aid from the Department of Social Services.
13. Prepare a brief chart showing any legal questions concerning the deceased with your attorney’s fees, including what must be done, by whom, and by when, expected resolutions, and costs thereof. This should ultimately designate who will deal with what matters in a written notice sent to him/her/it and keep a copy of the designation, which should state any deadlines or other significant facts to keep in mind in that regard.
14. Ascertain who owns the assets that were used or available to the deceased, and what money or obligations were owed by the deceased at death and where the source of funds to pay liabilities will come from after death.
15. Consistent with the requirements to probate the estate, devise a plan to pay all bills and expenses with your attorney as soon as possible ( e.g., funeral expenses, real estate maintenance, home mortgage bills, hospital bills, etc.) Review whether any credit life insurance policies that were current at death with your attorney which could have been carried against major loans. Arrange to collect on any insurance polices as soon as possible through your attorney.
16. When the deceased had been in a hospital or a hospice, obtain the statements of account from those institutions, investigate their requirements and ascertain what funds exist with which to pay them.
17. Retitle stocks, bonds and other securities in the appropriate names of the beneficiaries using probate court orders as necessary.
18. Ascertain whether any pre-arrangements of the decedent’s own funeral and proposed interment site exist.
19. Figure out whether any disclaimers of bequests or gifts are advisable after death and arrange to have them made.
20. Ascertain who owns the real estate of record and other property that was available to the deceased and who holds any mortgage thereon and the extent of any claims against the property. Make sure all real estate transactions are recorded in the Register of Deeds where the land is located. Obtain Probate Court orders therefor as necessary.
21. Retitle automobiles, recreational vehicles, water craft, motor vehicles of other types, etc. into the name of the successors thereto using Probate Court Orders as necessary (if the estate is probated through the Probate Court) and any other clearances through the local Secretary of State’s office or other officials.
IMPORTANT DOCUMENTS
It is wise to contact or call all parties concerned ahead before visiting their offices and taking their time to check on documents for you or that you will need. Where legal documents have to be given to anyone, make sure to keep a receipt therefor.
• Armed Services Discharge Papers, showing the final rank
• Automobile, and Other Vehicle Titles, including Boat, etc.
• Bank Deposit Books or Certificates of Deposit
• Certified Copies of the Death Certificate
• Certified Copy of the Marriage Certificate, and/or Court Order of Divorce
• Certified Copies of the Birth Certificate for each child
• Contracts to which the Deceased is a Party
• Deeds, Leases and Title to property, oil and gas wells and mines
• Durable Powers of Attorney
• Insurance Policies and Annuities
• Judgments and Injunctions Outstanding
• List of Intangible Assets
• List of Tangible Personal Property and its Location
• Living Wills
• Loan, Installment Payment Books or Contracts
• Patient Advocate Designations
• Stocks, Notes, Bonds, Debentures and Other Securities, Royalties, or Investment and Mortgages owned by the Deceased or his interests
• Veteran’s Administration Claim Number of the Veteran had one
• Wills and Trusts
