What to Do When Someone Dies: Immediate Tasks and Legal Requirements

We know having someone close to you pass away is hard enough as it is without having to think about the legal steps that need to be handled—some immediately, others in the days and weeks that follow. Knowing what to do, and in what order, can help you immensely by lowering expenses and reducing uncertainty about what will happen. 

The First 24–48 Hours: Immediate Actions

Obtain a Legal Pronouncement of Death 

If the death occurs in a hospital or a care facility, the staff will handle this part. If it happens at home, emergency services or a hospice provider must officially pronounce the death before anything can happen. 

This step is required before funeral arrangements, transportation, or legal paperwork can move forward.

Notify Close Family / Important People

Once death is pronounced, inform immediate family members and anyone who needs to know right away. This often includes close friends, caregivers, clergy, or employers.

Secure the Home and Property

If the deceased lived alone, make sure the home is secure. Lock up the house, collect mail, and take basic steps to protect valuables. If there are pets, make sure they’re cared for. This step is important to prevent theft or property damage.

Funeral and Burial Arrangements 

Locate Any Pre-Arranged Plans

Some people leave written instructions on what to do, prepaid funeral plans, or burial preferences. These can be found in estate planning documents, with a trusted contact, or in a safe or filing cabinet. 

If no instructions exist, the next of kin usually has the authority to make arrangements. 

Choose a Funeral Home

A funeral home can help coordinate services, transportation, and death certificates. You don’t have to use the first funeral home you contact, and prices can vary significantly. 

Make sure to take your time, ask questions, and request written estimates.

Death Certificates: An Unskippable Step

One of the first practical steps is obtaining certified copies of the death certificate. This document will be required repeatedly throughout the estate process.

Start by requesting multiple certified copies through the funeral home or directly from the county records office. Ordering them early is usually faster and less expensive than requesting additional copies later.

Death certificates are commonly needed to close bank and credit accounts, file life insurance claims, transfer real estate, access retirement accounts, and handle government or pension benefits. Because many institutions require an original certified copy and will not accept any photos of it, most families need 10–15 copies, depending on how many accounts and assets are involved.

Handling Immediate Financial and Legal Matters

Once you’ve completed the above, the next priority is organizing financial and legal information. 

Step 1: Locate Important Documents

As soon as you’re able to, begin gathering paperwork such as estate plans. These documents will be needed to make further decisions, file court paperwork, and communicate with banks. 

Start by finding the will or trust, if one exists. These documents usually explain who is in charge of the estate and how assets should be handled. You should also locate the birth certificate, Social Security card, and any marriage or divorce records. These are used for benefit claims.

Next, collect insurance policies, bank and investment statements, and any documents showing ownership of property, such as deeds or vehicle titles. 

Step 2: Notify the Employer and Government Agencies

If the deceased was employed, contact their employer as soon as possible. The employer can explain how final paychecks are handled, whether there are survivor benefits, and whether a workplace life insurance policy exists.

The Social Security Administration must also be informed promptly, as benefits typically stop at death, and overpayments may need to be returned. If the deceased was a veteran, Veterans Affairs should be notified to determine eligibility for burial benefits or survivor support. Pension administrators should also be contacted to understand whether benefits continue or transfer to a surviving spouse or dependent.

Some benefits end immediately, while others may be available to survivors, so timely notification is important.

Step 3: Determine Whether Probate Is Required

Not every estate must go through probate. Probate is generally required when assets are owned solely in the deceased’s name and do not have a beneficiary or joint owner.

Certain assets usually pass outside of probate, including property held in a trust, jointly owned property with rights of survivorship, accounts with payable-on-death or transfer-on-death designations, and life insurance or retirement accounts with named beneficiaries.

If probate is required, the process typically begins by filing a petition with the local court. 

Step 4: Identify the Personal Representative or Executor

If the deceased left a will, it usually names an executor. This person is responsible for managing the estate. If there is no will, the court will appoint a personal representative based on state law.

This role includes collecting assets, paying valid debts, filing required court documents, handling tax filings, and distributing property according to the will or state law. Until this person is officially appointed, certain actions may be limited.

Managing Bills, Debts, and Accounts

Step 5: Do Not Pay Bills Too Quickly

It is common for family members to start paying bills immediately, but this can cause problems. Some debts must be paid through the estate, not by individuals, and paying the wrong expenses too early can create personal liability.

In many cases, debts must be reviewed, prioritized, and sometimes negotiated or disputed. Taking a pause before paying bills can help protect the estate and the people involved.

Step 6: Notify Financial Institutions

Banks, credit card companies, and investment firms should be notified of the death. Accounts may be temporarily frozen until the executor or personal representative provides legal authority.

Avoid closing or transferring accounts before understanding the legal requirements. Acting too soon can delay probate or create issues with asset distribution.

Taxes and Ongoing Responsibilities

Step 7: File Final Tax Returns

A final income tax return must be filed for the year of death. Depending on the estate’s size and income, additional estate or trust tax filings may also be required.

Missing deadlines can result in penalties or delay the closing of the estate, so this step can’t be overlooked.

Step 8: Continue Managing Property and Assets

Until assets are legally transferred, someone must continue managing them. This includes maintaining real estate, keeping insurance policies active, paying necessary expenses, and protecting property.

…And there you go! We hope this article was of use to you, but if you have further questions, feel free to reach out to us for more information.