A Survivor’s To Do Outline After A Loved One’s Death

The death of a loved one is a difficult time both emotionally and practically to deal with grief at the loss and the complexity of dealing with settling the estate.  Ultimately, if there is no designation of beneficiaries involved, then one must consider a Probate, which is both the legal transfer of ownership of property and assets as well as their distribution. This brief outline will assist in the organization of the steps one needs to do.  It must be noted that every estate is different and there may be additional issues that are not addressed in this outline.

Before contacting the necessary parties to administer the estate, you will need to gather the following important information:

  1. Order certified copies (sometimes called originals) of the death certificate.
  2. Full name of the deceased party.
  3. Social Security Number of the deceased party.
  4. Locate any pre-paid funeral arrangements.
  5. Locate all statements and check books for any accounts jointly owned by the deceased and a third person.
  6. Locate any burial instructions or writings related to the deceased’s funeral and memorial service preferences.
  7. Biographical information of the deceased part for drafting the obituary.
  8. Locate the deceased’s Estate Planning documents, such as the Last Will and Testament and/or Trust.

You should promptly contact Social Security of the death to avoid having to refund any improper direct deposits.  If you are the surviving spouse contact the local office of Social Security to determine if you ae entitled to additional benefits because of the death. Next, contact the Funeral Home and persons conducting the memorial service to plan arrangements.  Also, contact relatives and close friends to inform them of the death.  Call the deceased’s Attorney, if any, or contact one on your own, for assistance regarding estate matters. Further, contact any Life Insurance Companies.  Determine the beneficiary (some insurance companies will not give any information to anyone unless they are the beneficiary or they have been appointed as Personal Representative by the Probate Court), request the forms necessary to apply to receive the death benefits.  If there is no living beneficiary or the beneficiary listed is the deceased’s estate, distribution of the death benefit will likely require a probate proceeding.  Furthermore, contact the deceased’s Employer or former employer for possible group insurance, pension, or other benefits.  Finally, if applicable, contact the Veterans Administration or Civil Service Office of Personnel Management if decedent was a veteran or an active or retired employee of the Civil Service.  If the deceased was retired military, also contact the Defense Finance and Accounting Service Casualty Assistance Line to report the death and check for survivor’s annuity.  The surviving spouse will need to provide a copy of the marriage certificate.

Organizing estate assets and liabilities is usually undertaken by a Personal Representative (in some states known as an Executor) of the deceased’s estate or the successor trustee of the deceased’s trust, although a substantial portion of this information may be obtained prior to said appointment by obtaining the contents of a safe deposit box.  If the box is titled in joint names, the survivor has an immediate right of access. If only the deceased owned the safe deposit box in their name alone, an interested party may have to petition the Probate Court to gain access and get a Will, any Life insurance policies as well as undertaking a written Inventory of the contents therein after examination with a bank officer. You should also obtain or locate statements and records of bank accounts, of brokerage accounts, deeds, property tax bills and mortgages and the most recent loan statement or coupon book, Any stock or bond certificates, Insurance Policies, automobile title certificates or the vehicle registration, a list of personal property and any insurance policies on valuable items such as jewelry or art, Income Tax Returns for the past few years prior to death, and  any Gift Tax Returns, if applicable, The most recent credit card statement for each credit card, Any promissory notes or other evidence of loans or debts, medical bills, health insurance, funeral, burial or cremation bill and evidence of pre-payment, if any.

Make a list of all the deceased’s assets and determine their date of death value. You should also determine the ownership interest of each of the assets:  Individual, joint tenancy with right of survivorship or tenancy by the entireties if owned with a spouse, assets owned by the deceased’s trust, and assets with designated beneficiaries (life insurance policies, accounts with transfer on death, pay on death, in trust for, etc.).

You can then retain the services of a probate attorney and file a petition for probate administration of some type or level for any property owned solely by the deceased in their individual name and without any documented alternative method of transferring title (such as a beneficiary designation).  The type of petition you file will depend on the circumstances of the estate including the value of the assets in the probate estate, whether the Last Will & Testament directs Formal Administration, or a Personal Representative may be necessary, and whether there are outstanding debts of the deceased at the time of their death.

If the deceased has a trust, the Successor Trustee as named in the trust, must be appointed, and obtain authority to manage and administer the assets contained in or titled to the trust.  The Successor Trustee should seek the advice of legal counsel as to how to proceed pursuant to the terms of the subject trust as well as state law.

The Personal Representative or Successor Trustee must be proactive to preserve the value of the assets of the probate or trust estate, including, but not limited to  taking possession of personal property, stock and bond certificates and real property for safekeeping, managing the investment of securities, accounts and money to preserve their value,  maintaining or obtaining insurance on the estate’s properties, paying mortgage payments, property taxes and assessments as they come due, canceling the deceased’s credit cards and lines of credit, filing claims for insurance of which the probate estate or trust is a beneficiary, obtaining a federal tax identification number for the probate estate or trust, and/or opening a checking account for the estate (probate or trust).

The Personal Representative or Trustee is responsible for determining what debts the deceased had at the time of their death, verifying the validity of those debts and paying the debts.  This process can create liability for the administrator and should be done only with advice from counsel.

After the debts are paid, the Personal Representative or Trustee must then determine the identities of the beneficiaries and distribute the applicable share to each.  Real estate and securities may have to be liquidated to develop a proper or fair distribution.

For property owned jointly with the deceased with a right of survivorship, usually only evidence of death of the deceased and proof of identity of the surviving joint tenant are required to title the property in the surviving joint tenant’s name.  For real estate, a certified copy of the death certificate without cause of death showing should be recorded in the public records of the county where the property is located to provide evidence of death.  If applicable, an Affidavit of No Florida Estate Tax Due should also be recorded to clear the title from any potential estate tax lien as well as an Affidavit of Continuous Marriage when necessary.

The Personal Representative or Trustee is responsible for filing all applicable tax returns and paying any applicable tax liability.  This may include filing the federal estate tax return (IRS Form 706), if its value is above a certain limit, and filing income tax returns for the estate while it remains open (IRS Form 1041).

It is important to note that the foregoing is not an exhaustive list of things to do in this regard but does encompass the basics.  Not all estates will require every step listed above and some may require more.  This outline is provided only as general information for educational purposes and is not intended to provide specific legal advice.  You should seek LEGAL ADVICE from a Florida attorney such as those with the law firm of CASERTA & SPIRITI.