Top 9 Essential Legal Steps to Take When Someone Dies

You’ve heard the saying that death and taxes are the only things certain in life. But the other certainty is the law and its associated paperwork. There will be legal hurdles whether your loved one planned ahead or not. Here are the top nine legal steps to take before, during, and after the funeral to help ease your stress so that you can focus on what truly matters: honoring your loved one.

Step 1: Gather Essential Documents

When you see a lawyer, you want to have essential legal documents ready. A lawyer can help you create the documents you don’t have or help you find out how to search for them. Not all of the following documents may apply to your situation, but everyone should have at least a will and an advanced healthcare directive. 

• Wills, Trusts, and Advanced Healthcare Directives: Wills outline how you wish to distribute your assets after death, while trusts can protect and manage assets for beneficiaries. Advanced healthcare directives specify medical preferences if you're unable to communicate.
• Power of Attorney: Grants someone the authority to act on your behalf in legal or financial matters if you cannot do so yourself.
• Deeds: Legal documents that transfer property ownership on real property.
• Bank Statements: Provide a snapshot of financial accounts and transactions.
• Insurance Policies: Detail coverage and beneficiaries for life, health, home, and vehicle insurance.
• Veterans Documents: Essential records related to military service, including discharge papers (DD-214), VA benefits information, and any military awards or recognitions received.
• Prepaid Funeral Arrangements: Contracts outlining funeral preferences and expenses paid in advance.
• Vehicle and Boat Titles: Proof of ownership for cars and watercraft.
• Tax Documents: Records of income, deductions, and filings, essential for estate and financial planning.

Step 2: Request Death Certificates

Obtaining certified death certificates is a crucial step after someone passes away. Your chosen funeral provider can help you get as many copies as you need. Having at least two copies is vital since many agencies require certified copies for legal and administrative tasks. Death certificates come in two forms: short and long. The short form lists basic details and is often sufficient for most needs, while the long form includes more detailed information and may be required by some government agencies. The state's vital records office usually processes these certificates​ and may take several months, depending on demand and workforce.

Step 3: Contact the Bank

Contact the bank immediately after your loved one’s passing. If it is not a joint account, ask about the necessary procedures to release these funds safely. Keep a joint account open long enough for any checks to clear or to pay forgotten bills. Check whether there are direct deposits or automatic bill payments. 

Step 4: Determine Who is the Executor

An executor is the person who represents an estate, in charge of paying off debts, controlling the assets, and distributing them to the beneficiaries on the will. Determine if your loved one had one.

If you’re choosing an executor for yourself or to serve on your loved one’s behalf, be aware that you can choose anyone, but they must be at least 18, trustworthy, and of an able mind.

Step 5: Verify the Existence of a Will

A will contains instructions for distributing your estate after you pass away. Without a will, a probate court will decide what happens to your estate, who your beneficiaries are, and what happens to any minor children. If your loved one did not have a will, the estate may be settled in probate. If you are interested in creating a will, you do not need a lawyer (though it is usually recommended), but a will should:

• Be signed and dated by two or three witnesses who will not inherit anything in the will.
• State it is the “Last Will and Testament,” and include your legal name.
• Be typed on a computer or typewriter.

You must be over 18 years old and possess a sound mind to write a legal will. Most experts suggest that an attorney review your will to ensure it is legally valid. Keep your will in a safe, lock box, or other secure location.

Step 6: Close Social Media and Streaming Accounts

Most people have at least one social media or streaming account for movies and TV shows (like Netflix, Max, or Hulu). Ideally, your loved one has left you passwords or information on their accounts, so you need to know how to close them. Unfortunately, if they do not, you may have to spend time online or on the phone unraveling the details. (Learn more about planning your digital afterlife.)

If you are making plans yourself, your end-of-life plans should include information for an authorized agent to close these accounts. Some social media platforms, such as Facebook and Instagram, offer programs that allow you to create memorial pages. These pages let you view images and "tag" the loved one, reducing the risk of fraud associated with their profiles. Sites like Google let you name someone to take over your accounts once they become inactive.

Step 7: Create an Advanced Healthcare Directive

If you are reading this because you are seeking legal help after a loved one has passed, you likely no longer need an advanced healthcare directive for them. However, you might be inspired by this experience to get your paperwork together and draw up one for yourself. An advanced healthcare directive (sometimes called a healthcare proxy) is a legal document that authorizes an individual to make medical decisions on your behalf should you be unable to. A healthcare proxy can be a family member, friend, or attorney. Many sites provide downloadable healthcare directive forms like this one from AARP. Your loved one’s medical provider also will likely have them available.

Step 8: Find Legal Help

This guide is not intended to replace guidance from an attorney. We encourage you to contact an estate planning lawyer or check out a DIY legal advice site like Nolo.com. If you are seeking free legal advice from an attorney, the American Bar Association has many resources on its website. The state where you live will likely have a program through that state’s bar association to schedule a short session for a minimal fee. Some may choose to use a paralegal for essential paperwork.

If you are planning ahead for yourself (and we hope you are because it is much less stressful), there are many end-of-life planning sites like Cake, Lantern, and Trust & Will. The AARP also has a handy checklist of immediate tasks to get done in the days after a death.

Step 9: Celebrate Their Life

As you navigate the complexities of handling your loved one’s affairs or planning ahead for your future, it's clear that managing paperwork is a significant part of the process. Fortunately, numerous resources are available on Afterall and other reliable sources to guide you through these legal matters. And once the paperwork is done, you can focus on creating a personalized funeral that truly honors your loved one. We’ve collected helpful resources to make a meaningful farewell. Be sure to explore the Memorial Store for a selection of beautiful, personalized remembrance gifts and items that celebrate their life.