First Steps After Loss: Navigating Legal Matters When a Loved One Passes

Losing a loved one is difficult enough without having to figure out how to handle their final affairs while you're trying to process your grief. The legal and administrative tasks that follow a death can feel overwhelming, especially when you're already emotionally exhausted.

While this process may look a little different for everyone depending on their circumstances, asking yourself these key questions can help you uncover the most basic pieces you'll need to start administering their estate.

1. Did They Have a Will or Trust?

This is your starting point. A will guides you through probate court, while a trust may allow you to avoid court entirely. If you can't locate these documents, check with their attorney, safe deposit box, or filing cabinets. Don't assume they didn't have one just because you haven't found it yet.

2. Who Is the Personal Representative or Trustee?

The will names a personal representative to handle the estate, while a trust names a trustee. If you're not the person named, you'll need to contact whoever is designated. If no one is named or the named person can't serve, the court will need to appoint someone.

3. Do You Have Death Certificates?

You'll need multiple certified copies—often 10 or more. Banks, insurance companies, government agencies, and other institutions all require original death certificates. Order extras from the funeral home or vital records office, since getting more later can be time-consuming.

4. Are There Accounts with Named Beneficiaries?

Life insurance policies, retirement accounts, and some bank accounts transfer directly to named beneficiaries, bypassing the will entirely. Contact these institutions directly with a death certificate to begin the transfer process.

5. What About Immediate Needs?

Secure the property, cancel credit cards, notify Social Security, and contact the post office to forward mail. These practical steps protect the estate and ensure nothing important is missed.

Getting Professional Help

Remember, you don't have to navigate this alone. Many families find that contacting an attorney is the next best step, especially when dealing with court requirements, complex assets, or family disagreements.

The legal process doesn't have to add to your burden during an already difficult time. Contact us at (503) 235-5150 if you need help understanding your next steps or managing the estate administration process.