Death Worksheet #5: Legal/Financial Matters
We have here compiled worksheets to use for: 1) preparing plans for you after to you die or 2) plans for handling the myriad details of a deceased. Where possible, the list starts with the timeliest or most important items.
Legal/Financial Matters
- Notify attorney/executor
- Get several copies of death certificate
- Check all life and casualty insurance and death benefits
- Terminate insurance for deceased and remember to keep insurance for others covered in the policy
- If deceased is listed as beneficiary on a surviving person's policies, have documents updated.
- Social security (overpayments result in difficult repayment)
- Check with Credit union
- Check with Trade union
- Check with Fraternal/military organizations
- Return credit cards of deceased with a certified copy of death certificate. (Notify if you, as survivor, will continue account)
- Check promptly on all debts and installment payments, some may be canceled by death. If there is to be a delay in payment, notify creditors and request postponement.
- Seek the advice of an accountant or tax advisor about filing deceased's tax return. Keep monthly bank statements on all individual and joint accounts that show the account balance on the date of death, since you will need this for the estate tax return.
- Make arrangements to change all joint accounts. Contact bank/advisors about trusts.
- Transfer title at Secretary of State's office OR if the estate is probated, through probate court if the deceased owned a car.
- Arrange to transfer stocks and bonds.
- Make sure important bills, like the mortgage, continue to be paid.
- If deceased lived alone, it may be necessary to notify utilities, post office and possibly landlord. Protect home against thieves.
- Secure the deceased's tangible property, such as furniture, artwork, and dishes. You and/or the executor will have these items appraised and distributed according to the deceased's wishes. This may be difficult if the property has already been distributed to family members and friends. The executor is responsible for filing an inventory and appraisal of the decedent's assets with the probate court within 90 days following the death.
- File the will and petition at the probate court in order to be appointed executor or personal representative.
- Organize a meeting to review the will and handle the estate settlement. If interested parties are unable to attend, they can obtain copies of the will.
- Determine the contents of the safety deposit box and acquire permission to remove the contents.
- Meet with the attorney (or your own attorney) to review the steps necessary to administer the decedent's estate (the probate process). Bring as much information as possible about finances, taxes, and debts. Don't worry about putting the papers in order first. The lawyer will have experience in organizing and understanding complex financial statements. Bring everything listed on M4 if possible.
- Find a financial institution in your area who can provide you with signature guarantees for certain documents if necessary.
- Pay bills and bequests from a single checking account, either one you establish or one set up by your attorney, so that you can keep track of all expenditures. Do not pay off the decedent's debts with your own funds. The estate is responsible for any debts.
- Distribute property to heir and legatees. Generally, executors do not pay out all of the estate assets until the period runs out for creditors to make claims, which can be as long as a year after the date of death. But once the executor understands the estate and the likely claims, he or she can distribute most of the assets, retaining a reserve for the unexpected.
