The Complete Legal Checklist for When a Spouse Passes Away

A Practical Guide: Your Legal Checklist After a Spouse’s Death

This section provides a chronological checklist of tasks. Remember to move at a pace that feels manageable. Some tasks are time-sensitive, while others can wait. It is perfectly acceptable to delegate tasks to trusted family members or friends.

Immediately: The First 24 to 72 Hours

In the initial hours after a death, focus on the most immediate needs of your family and the necessary first steps.

• Obtain a legal pronouncement of death. If your spouse passed away at a hospital or in hospice care, the medical staff will handle this. If the death occurred at home, you will need to call 911. A coroner or medical professional must officially pronounce the death.
• Notify close family and friends. This is a difficult but essential task. Lean on your support system and ask for help in contacting others.
• Arrange for funeral and burial/cremation. Check if your spouse left any pre-arranged funeral plans, a letter of instruction, or had purchased a burial plot. If not, you will need to choose a funeral home. The funeral director will be an invaluable resource in these early days, helping to coordinate many details.
• Locate important documents. Try to find your spouse’s will, trust documents, birth certificate, Social Security number, and any pre-paid funeral contracts. Don’t worry if you can’t find them immediately, but these will be critical in the coming days.
• Secure tangible property. Ensure your home, vehicles, and any other valuable property are secure.

The First Week: Initial Legal and Financial Steps

This is when you begin the formal administrative process. The single most important document you will need is the death certificate.

1. Order multiple copies of the death certificate. The funeral home can usually help you order these. You will need official, certified copies for nearly every task ahead, including closing bank accounts, claiming life insurance, and notifying government agencies. It is wise to order at least 10 to 15 copies, as it is easier and cheaper to get them now than later.
2. Notify the Social Security Administration (SSA). In most cases, the funeral home will report the death to the SSA. You should confirm this has been done. The surviving spouse may be eligible for survivor benefits. You will need to contact the SSA directly at 1-800-772-1213 to apply for these benefits. Do not do this online. For more information, visit the Social Security Administration.
3. Contact the deceased’s current or former employer. Inquire about any final paychecks, accrued vacation time, and benefits. Ask about any employer-sponsored life insurance policies, pension plans, or retirement accounts (like a 401(k)).
4. Contact the Department of Veterans Affairs (VA), if applicable. If your spouse was a veteran, you may be eligible for burial, financial, and other benefits.
5. Begin gathering financial documents. Start collecting statements for bank accounts, credit cards, mortgages, loans, investments, and insurance policies. This will give you a preliminary overview of the estate’s assets and liabilities.

The First Month: Organizing the Estate

Once the immediate crisis has passed, you can begin the formal estate settlement process. This is the point where professional guidance becomes essential.

• Consult with a probate or estate planning attorney. This is arguably the most important step in the legal process. An attorney will review the will and/or trust, explain your state’s probate laws, and guide you on every subsequent step. They will help you understand your role and responsibilities as the surviving spouse and potential executor.
• File the will with the probate court. Most states require that the original will be filed with the local probate court, even if no probate is necessary. The attorney will handle this filing.
• Petition the court to be appointed executor or administrator. If you are named as executor in the will, the attorney will help you file a petition with the court. Once approved, the court will issue you “Letters Testamentary” (or “Letters of Administration” if there was no will). This document is your legal authority to act on behalf of the estate.
• Inventory all assets and debts. With your attorney’s guidance, create a comprehensive list of everything your spouse owned and owed. This includes real estate, bank and investment accounts, retirement funds, vehicles, life insurance policies, and personal property, as well as mortgages, loans, credit card balances, and medical bills.

Ongoing: The Estate Settlement Process (1 Month to 1 Year+)

Settling an estate takes time. This phase involves managing the estate’s finances and legally transferring property.

• Open an estate bank account. As executor, you will need a dedicated checking account for the estate. This account will be used to deposit any incoming funds (like a final paycheck) and to pay the deceased’s debts and estate expenses. This keeps estate finances separate from your personal funds.
• Notify creditors and financial institutions. Send a copy of the death certificate and your Letters Testamentary to all banks, credit card companies, mortgage holders, and other lenders. This formally notifies them of the death and gives you authority to manage the accounts.
• How to close a deceased person’s bank account: For an account held only in your spouse’s name, you will need to present the bank with a death certificate and your Letters Testamentary. The bank will then transfer the funds to the estate account you opened. For a joint account with right of survivorship, the process is much simpler. You typically only need to present a death certificate, and the account will automatically become your sole property.
• Pay legitimate debts of the estate. Valid debts must be paid from the estate’s assets before any property can be distributed to heirs. Your attorney will guide you on the proper procedure for handling creditor claims.
• File final tax returns. A final personal income tax return for the year of death must be filed for the deceased. Depending on the estate’s value and income, a separate estate income tax return or federal estate tax return may also be required. Consult with a CPA or tax professional for this. For tax-related topics, refer to the IRS.
• Distribute assets to beneficiaries. Once all debts and taxes are paid, the remaining assets can be distributed to the beneficiaries according to the instructions in the will or trust.
• Update property titles. Retitle jointly owned assets, such as your home and cars, into your name alone. This will require providing a death certificate to the county recorder’s office (for real estate) or the DMV (for vehicles).
• Review and update your own estate plan. Your spouse’s passing is a major life event that dramatically changes your own circumstances. It is essential to update your will, trust, powers of attorney, and beneficiary designations on your own accounts and insurance policies.