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What to Do When Someone Dies: A Step-by-Step Checklist

Here's the short answer: order 10–15 certified death certificates, secure the home within 24 hours, and file the original will with the probate court. The rest unfolds over 6–18 months.

Editorially Reviewed4 sources citedUpdated Mar 18, 2026
MF
Made For Law Editorial Team
14 min readPublished March 18, 2026

The First 72 Hours: Immediate Steps

Within the first 24 hours after a death, three concrete tasks matter: secure the home, call hospice or 911, and pronounce the death officially. Grief blurs everything else — but those three, handled in sequence, unlock every step that follows.

If the death occurred at home under hospice care, call the hospice agency first; a nurse will come, pronounce the death, and arrange for a physician to sign the certificate. If the death was sudden, dial 911 — the authorities decide whether a medical examiner investigation is required before the funeral home can take custody.

Within the first day, you should secure the deceased’s property. Lock the home, safeguard valuables, and make sure pets are cared for.

If the person lived alone, consider changing the locks if multiple people had keys. Notify immediate family members and close friends, and begin discussing funeral or memorial preferences. If the deceased left written instructions—whether in a will, a letter of intent, or a conversation with a trusted person—follow those wishes to the extent possible.

Order at least 10 to 15 certified death certificates through the funeral home or your county vital records office. You will need original certified copies for banks, insurance companies, the Social Security Administration, real estate transfers, and the probate court.

Each copy typically costs between $10 and $25 depending on the state. Many families underestimate how many copies they need and have to reorder later, which slows everything down.

Multi-generational family navigating the first steps after a loss

Notify Government Agencies and Employers

Report the death to the Social Security Administration as soon as possible. The funeral home may handle this for you, but confirm that it has been done.

Social Security benefits paid for the month of death must be returned, and surviving spouses or dependents may be eligible for survivor benefits. If the deceased was receiving Medicare, that coverage ends upon death, but any outstanding medical bills incurred before the death remain payable by the estate.

If the deceased was employed, contact their employer’s human resources department. You will need to ask about final paychecks, accrued vacation pay, pension benefits, employer-sponsored life insurance, health insurance continuation (COBRA) for dependents, and any stock options or deferred compensation. If the deceased was retired and receiving a pension, notify the pension administrator—some pensions include a survivor benefit that the spouse must elect within a limited window.

Contact the Department of Motor Vehicles to cancel the driver’s license, which helps prevent identity theft. If the deceased was a veteran, notify the Department of Veterans Affairs at 1-800-827-1000 to stop benefits and ask about burial benefits, which can include a free headstone, burial in a national cemetery, and a burial allowance of up to $2,000 for service-connected deaths.

Locate the Will and Critical Documents

Finding the original will is one of the most important early tasks. Check the deceased’s home (filing cabinets, safes, desk drawers), their attorney’s office, and any safe deposit box.

Some states allow you to register a will with the local probate court during the person’s lifetime, so call the court clerk’s office to check. If you find a copy of the will but not the original, some states presume the original was destroyed with the intent to revoke it—which can create significant legal complications.

Beyond the will, gather the following documents: trust agreements, life insurance policies, retirement account statements (IRAs, 401(k)s, pensions), bank and brokerage account statements, real estate deeds, vehicle titles, business ownership agreements, and the most recent tax returns. A complete picture of the deceased’s assets and debts will be essential for the probate process. If you cannot locate certain documents, financial institutions can provide duplicates once you have letters testamentary or letters of administration from the probate court.

If the deceased had a revocable living trust, locate the trust document and identify the successor trustee. Assets held in the name of the trust generally avoid probate entirely, which can simplify the process considerably. However, it is common for people to create a trust and then fail to transfer all their assets into it, meaning you may still need to open a probate case for the assets that remained in the deceased’s individual name.

Gathering important documents and paperwork after a death

Identify the Executor and Open Probate

The executor (called a personal representative in some states) is the person named in the will to manage the estate. If there is no will, the court will appoint an administrator, typically the surviving spouse or adult child.

The person who intends to serve as executor must file the original will and a petition for probate with the appropriate county probate court. Filing fees range from about $50 in some rural counties to over $400 in states like California and New York.

Once the court validates the will and formally appoints the executor, it issues letters testamentary—a legal document that gives the executor authority to act on behalf of the estate. With letters testamentary in hand, the executor can access bank accounts, pay bills, manage investments, and begin the process of distributing assets. In most states, this initial court appointment happens within two to six weeks of filing, though contested matters can take much longer.

Not every estate requires full probate. Many states offer simplified procedures for small estates—typically those valued under $50,000 to $200,000, depending on the state.

Use our Do I Need Probate Quiz to get a quick answer. If the estate qualifies, you may be able to use a small estate affidavit to collect assets without opening a formal probate case, saving thousands of dollars in legal fees and months of waiting.

Notify Creditors and Handle Debts

One of the executor’s most important duties is notifying creditors. Most states require the executor to publish a notice in a local newspaper, giving creditors a fixed window—typically three to six months—to file claims against the estate.

The executor should also send direct written notice to all known creditors, including mortgage lenders, credit card companies, medical providers, and utility companies. Once the claims period closes, late-filing creditors are generally barred from collecting.

Family members are often worried about inheriting a loved one’s debts. In most cases, you are not personally responsible for a deceased person’s debts unless you were a co-signer, a joint account holder, or a surviving spouse in a community property state like California or Texas.

The estate’s assets are used to pay valid debts, and if the estate does not have enough assets to cover all debts, some creditors simply do not get paid. The FTC provides guidance on dealing with debt collectors after a family member’s death.

If debt collectors contact you about a deceased relative’s debts, know your rights. You are only required to provide the contact information for the executor or estate attorney.

Collectors cannot legally demand payment from you personally (unless one of the exceptions above applies). If you are being harassed, file a complaint with the Consumer Financial Protection Bureau.

County courthouse where probate filings begin

Inventory Assets and Get Appraisals

The executor is required to prepare a detailed inventory of all estate assets, which is filed with the probate court. This inventory includes real estate, bank accounts, investment accounts, retirement accounts, vehicles, personal property (jewelry, art, collectibles), business interests, and intellectual property.

Each asset must be valued as of the date of death. For financial accounts, the date-of-death balance is straightforward. For real estate, vehicles, and personal property, you will likely need professional appraisals.

Real estate appraisals are particularly important because the date-of-death value establishes the “stepped-up basis” for capital gains tax purposes. If the deceased bought a home for $150,000 and it was worth $500,000 at death, the beneficiaries’ tax basis is $500,000—meaning if they sell it for $510,000, they owe capital gains tax on only $10,000, not $360,000.

Getting an accurate appraisal protects beneficiaries from overpaying taxes later. The IRS provides guidance on stepped-up basis for inherited property.

Do not overlook digital assets. Email accounts, social media profiles, cryptocurrency wallets, online business accounts, and cloud storage may contain valuable assets or important information. Our guide to handling digital accounts after death covers the legal framework and practical steps for each major platform.

Meeting with a probate attorney to discuss next steps

State-Specific Variations That Matter

Probate procedures vary significantly from state to state, and sometimes from county to county within the same state. California requires court confirmation for many executor actions, including real estate sales, and uses a statutory fee schedule that sets attorney and executor compensation as a percentage of the gross estate. Texas, by contrast, offers independent administration, which allows the executor to manage and distribute the estate with minimal court oversight—a much faster and less expensive process.

Florida distinguishes between formal and summary administration, with summary administration available for estates valued under $75,000 or when the decedent has been dead for more than two years — note this $75K cap applies to the estate's non-exempt value; homestead and other exempt property are excluded (Fla. Stat. § 735.201). New York uses a surrogate’s court system with its own procedural rules and filing requirements that differ from typical probate courts. Ohio has 88 county probate courts, each with its own local rules, filing fees, and procedural expectations—what works in Cuyahoga County may not work in a smaller rural county.

Use our Probate Calculator to get state- and county-specific cost estimates, and our Probate Timeline Estimator to understand how long the process is likely to take in your jurisdiction. If you’re unsure whether you need a probate attorney, read our guide on when to hire a probate attorney.

Distribute Assets and Close the Estate

After debts are paid, taxes are filed, and the creditor claims period has closed, the executor can distribute the remaining assets to the beneficiaries named in the will (or the heirs determined by state intestacy law if there is no will). Before making final distributions, the executor should prepare a detailed accounting showing all estate income, expenses, debts paid, and proposed distributions. Some states require court approval of this accounting; others allow informal accounting with the consent of all beneficiaries.

The executor should obtain signed receipts from each beneficiary upon distribution. These receipts protect the executor from future claims that assets were not properly distributed. For real estate transfers, the executor will need to execute deeds transferring title to the beneficiaries or to buyers if the property is being sold. For financial accounts, the executor works directly with banks and brokerages to retitle or liquidate accounts.

Once all assets have been distributed and all administrative tasks are complete, the executor files a final accounting and petition to close the estate with the probate court. The court issues an order formally closing the estate and discharging the executor from further liability.

The entire process typically takes 6 to 18 months, though complex or contested estates can take significantly longer. Review our AARP end-of-life checklist for additional guidance on closing out a loved one’s affairs.

Probate court building where estate matters are administered

Taking Care of Yourself During This Process

Managing an estate while grieving is one of the most stressful experiences a person can go through. The legal and financial demands are relentless, and the emotional weight of making decisions about a loved one’s possessions and legacy can be crushing.

Give yourself permission to grieve. The probate process has deadlines, but most of them are measured in weeks and months—not hours. You do not have to do everything at once.

Lean on your support network. If you are the executor, consider delegating tasks to family members, hiring a probate attorney to handle the legal filings, or engaging a professional estate organizer to help with the physical work of inventorying and distributing personal property. If family conflicts arise—and they often do during probate—consider probate mediation before the situation escalates into costly litigation.

If you need professional help navigating the probate process, our Find an Attorney directory can connect you with experienced probate attorneys in your area. And remember: you are not alone in this. Millions of families go through probate every year, and there are resources and professionals available to help you through each step.

Disclaimer: This article is for general educational purposes only and does not constitute legal advice. Made For Law is not a law firm, and our team are not attorneys. We are not affiliated with any federal, state, county, or local government agency or court system. Content may be researched or drafted with AI assistance and is reviewed by our editorial team before publication. Laws change frequently — always verify information with official sources and consult a licensed attorney for advice specific to your situation. Full disclaimer

Sources
  1. Social Security Administrationssa.gov
  2. FTC provides guidance on dealing with debt collectorsconsumer.ftc.gov
  3. Consumer Financial Protection Bureauconsumerfinance.gov
  4. IRS provides guidance on stepped-up basisirs.gov
MF
Made For Law Editorial Team

Our editorial team researches and summarizes publicly available legal information. We are not attorneys and do not provide legal advice. Every article is checked against current state statutes and official sources, but you should always consult a licensed attorney for guidance specific to your situation.

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