If you need help navigating the legal aspects of what happens after a death, reach out to Beller Law, PL. Our compassionate, dedicated team has decades of experience and has guided countless clients through handling their loved one’s final affairs.
What to Do When Someone Dies
Everyone grieves in their own way and at their own pace. Grief takes time, and we understand that some people do not feel able to grieve with work to be done to wrap up their loved one’s affairs.
To that end, after someone dies, you should generally take the following steps:
- Notify important people,
- Make arrangements for dependents and pets,
- Make funeral arrangements,
- Obtain copies of the death certificate,
- Locate the will and other estate documents,
- Complete any needed probate process, and
- Settle other loose ends.
The timing and specifics of these steps may vary.
Notifying Important People
Begin notifying their family, friends, employer, and others they have important relationships with. Create a list of people who should hear the news directly. A script may help ease this process.
Arrangements for Dependents and Pets
If your loved one left minor children, other dependents, or pets, ensure they get needed care. You may need to make temporary arrangements for a pet. If no one can care for the pet permanently, you may need to take it to a shelter.
Funeral Arrangements
Contact a funeral home to schedule and plan a funeral. If your loved one left instructions for their funeral, follow those.
Death Certificate
In Florida, a funeral director generally files a death certificate within five days of someone’s death. After the death is reported, you can obtain a copy of the death certificate through the funeral home or the Florida vital records. You will need a copy of the certificate to complete many of the following steps.
Locate the Will and Other Estate Documents
If you believe or know your loved one left a will, take the time to locate it and any related documents. You may not know whether they had a will or, if they did, where it was. You may need to search their home, email, or computer files.
If your loved one was in contact with an attorney who practices probate, trusts, or estate law, contact the law office. They may be able to help you find the will and any other estate documents if they exist. If you cannot locate a will, move to the next step anyway.
Gather Mail, Bills, and Assets
Monitoring the mail for the deceased loved one will help you identify any ongoing bills or items to be addressed. Make a list of the existing assets and debts, and consider whether there may be any ongoing payments or auto-deductions to be addressed. You may wish to seek legal advice before notifying financial institutions and creditors or paying for anything on the deceased person’s behalf.
Complete the Probate Process
Once you find a will or conclude you cannot find one, you begin the legal process of distributing their assets, often through a probate court. In some circumstances, you may not need to go through probate, particularly if your loved one made provisions for all their property to pass without a will.
The Probate Process Generally
Most probate estates need a personal representative, which is referred to as an executor in other states. If your loved one designated a personal representative who is willing and able to serve, that person is usually appointed by the judge. Otherwise, someone must volunteer to serve or be appointed as the estate’s administrator.
The representative takes an oath, and the court may require that person pay a bond. Then, the representative must:
- Inventory the decedent’s assets and liabilities,
- Notify interested parties about the proceeding,
- Accept or reject creditor claims,
- Pay debts,
- Distribute assets, and
- Close the estate.
Interested parties typically include legal heirs, those left something under the will, and creditors.
Probate With A Will
After a will is brought to court, interested parties can challenge the will’s validity, typically by arguing that:
- The decedent lacked testamentary capacity (was not of sound mind),
- The will fails to comply with legal requirements, or
- Someone unduly influenced the decedent to create and sign the will.
If someone challenges the will, the court must hold a hearing to determine the will’s validity. If the court concludes the will is invalid, the administration may proceed without a will.
Probate With No Will
If someone dies with no will, the assets pass to their legal heirs through intestate succession. The estate’s administrator is tasked with identifying the decedent’s legal heirs, and the assets pass to the closest surviving relatives, as defined by law. In Florida, you begin with the decedent’s surviving spouse. If the decedent left no surviving spouse, the next relatives in line include the decedent’s:
- Descendants,
- Parents,
- Siblings and siblings’ descendants,
- Grandparents,
- Grandparents’ descendants, and
- Deceased spouse’s legal heirs.
If the decedent left no surviving relatives, the government holds the property for a period of time and subsequently claims it.
Settle Other Loose Ends
Your loved one may have some outstanding business that needs to be resolved. Notify the relevant parties about your loved one’s passing and work with them to resolve remaining issues. If the decedent had life insurance, the beneficiary or estate may be due a substantial sum. Depending on the circumstances, you may also want to notify the Veterans Affairs office, the voter registration office, and the Florida Department of Motor Vehicles.
Ensure their house, valuables, and any vehicles are secure. You may also need to:
- File their final tax return;
- Cancel credit cards, subscription services, and insurance policies;
- Shut down or memorialize social media or email accounts; and
- Forward their ongoing mail.
Identifying every service your loved one subscribed to can be challenging. If you are unsure what certain charges are for, canceling credit cards and stopping automatic payments can be effective.
Give Yourself Time and Space to Grieve
Make time to grieve your loss. Lean on the support of friends and family and consider attending counseling or joining a support group. Some find creative ways to honor their loved ones in ways big and small, like planting a tree or donating to charity in their name.
Get Help from a Lawyer
Losing a loved one is hard, and navigating what to do when a loved one dies can feel nearly impossible. Consider hiring a family lawyer to help manage the legal side of things. At Beller Law, PL, we offer years of experience, compassion, and the understanding that grieving takes time. Reach out to learn how we can help so you can focus on caring for yourself and your loved ones.