Contact Us Today (801) 613-7234

Steps to Take When Someone Passes Away

When a loved one passes away, there are several important steps to take to manage their estate and handle their affairs. Below is a guide to help you through the process for administering the estate.

Immediate Steps to Take After a Loved One Dies

  1. Confirm the Death

    • If the death occurs at home, call 911 to confirm the death. A medical professional will be needed to issue the official declaration.

    • If the death occurs in a healthcare facility, the staff will typically handle this process.

  2. Notify Close Family and Friends

    • Notify close family members, friends, and other important contacts. It is often helpful to designate one person to handle communications to avoid overwhelming yourself.

  3. Contact a Funeral Home or Cremation Service

    • The funeral home will help you with preparing for the funeral or cremation. You can also discuss burial or memorial options with them.

  4. Secure the Deceased's Home and Personal Belongings

    • If the deceased lived alone, ensure their home is secured. Take inventory of their personal property, and notify the landlord or property manager if applicable.

    • Collect important documents like keys, identification, and important papers.

  5. Obtain the Death Certificate

    • You will need multiple copies of the death certificate to handle legal and financial matters, such as closing bank accounts, life insurance claims, and transferring property.

    • Where to get the death certificate in the U.S.: VitalChek or local government health departments (varies by state).

  6. Notify the Deceased's Employer (if applicable)

    • If the deceased was employed, contact their employer regarding their benefits, final paycheck, and any insurance or retirement benefits.

  7. Handle Organ or Tissue Donation (if applicable)

    • If your loved one had registered as an organ or tissue donor, or expressed a wish to donate, you will need to coordinate with the appropriate agencies.

Steps for Administering the Estate

  1. Locate the Will

    • If your loved one had a will, locate it immediately. The will often provides clear instructions on how they wanted their estate handled.

    • If you cannot find the will, check with their attorney, financial institutions, or in a safety deposit box.

  2. File the Will With Probate Court

    • If there is a will, it must typically be submitted to the local probate court for validation. Probate is the legal process where a court supervises the administration of the deceased's estate.

  3. Appoint a Personal Representative (Executor)

    • If the will names an executor, they are responsible for managing the estate. If there is no will or no named executor, the court will appoint someone.

    • The executor's duties include:

      • Paying debts and taxes

      • Distributing assets as per the will or state laws

      • Handling legal documents and financial accounts

  4. Inventory the Deceased's Assets

    • Make a list of the deceased's assets, including:

      • Real estate

      • Bank accounts

      • Investments

      • Personal property (cars, jewelry, etc.)

      • Digital assets (social media, online accounts)

    • This inventory will be necessary for tax purposes and when distributing the estate.

  5. Notify Creditors and Settle Debts

    • Send formal notice to creditors about the death to stop further interest charges. The deceased's debts, such as mortgages, credit card balances, or loans, must be paid out of the estate before assets are distributed to heirs.

  6. Settle Taxes

    • The deceased's income tax return for the final year of life needs to be filed. Additionally, the estate may be subject to estate taxes, depending on the size of the estate.

    • IRS information on estate taxes: IRS Estate and Gift Taxes

  7. Close Accounts and Cancel Services

    • Close or transfer ownership of bank accounts, credit cards, utilities, subscriptions, and memberships.

    • Cancel or transfer services such as health insurance, life insurance, and homeowner's insurance.

    • Social Security Notification: Notify the Social Security Administration (SSA) about the death, as benefits may need to be stopped. 

  8. Distribute Assets to Heirs

    • After debts, taxes, and administrative costs have been paid, the executor will distribute the remaining assets according to the will or state law (if there's no will). This may involve:

      • Transferring real estate titles

      • Distributing personal property or financial assets

    • If there are disagreements among heirs, mediation may be necessary to resolve disputes.

  9. Final Accounting and Closing the Estate

    • The executor will provide a final accounting of the estate to the court and heirs, showing how the estate's assets were distributed and whether all debts and taxes were paid.

    • After approval by the court, the estate can be formally closed.

By following these steps, you can help ensure that the legal and financial aspects of a loved one's death are handled with care and in accordance with their wishes.

Contact Us Today

Independence Law is committed to answering your questions about Estate Planning issues in Draper, Utah.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu