First Steps:  What to Do When a Loved One Dies

by Michael Safren, Esq.

When a loved one dies, the idea of managing their affairs can be overwhelming, confusing, and intimidating.  For many people, the probate process can be their first introduction to the court system.  If someone close to you dies and you have been named as their personal representative, here are the essential first steps you should take:

Take care of the funeral arrangements.  Look through the personal documents of your loved one to see if they have already made any funeral or final disposition arrangements or if they have any specific requests.

Keep all receipts and track all expenses for anything you pay for.  This may include continuing to pay their rent or mortgage after they pass or paying funeral or final disposition expenses.  These expenses will be reimbursed from the estate.

Locate their original Will as well as their Trust, if they have one.  They may also have papers related to their military service, pension, life insurance, or death and disability insurance.  Copies of all documents are acceptable, except their Will - that must be the original to be accepted by the court.

Obtain a death certificate.  This is usually provided by the funeral home.  Ask for multiple copies.

Contact any pension or benefit programs to let them know they've passed to cancel the benefit and activate any survivor benefits (i.e. Social Security, pension, military benefits).  If you do not cancel the benefits, the estate may be required to pay them back, plus interest and this can delay the probate process further.

Contact a probate attorney.  When selecting a probate attorney, it is essential to find someone who is skilled and experienced in the probate process.  The probate process usually takes at least six to twelve (6- 12) months so you want to find someone you trust and enjoy working with.

At The Law Offices of Jenny Ling, PLLC, we are experienced in guiding clients through the probate process. We can be your experienced counsel to walk you through the probate process, handle the required filings, notices, and mailings, provide you with the resources that you need, and ensure that your loved one’s wishes are honored in the most timely way possible.

If you have recently had a loved one pass away and need assistance in managing the estate, contact The Law Offices of Jenny Ling, PLLC, and let us be your guide through the probate process.

Michael Safren is a Partner at The Law Offices of Jenny Ling, PLLC.  His practice focuses on probate, business, real estate, and civil litigation.