Practical Steps to Take After Death

The time right after the death of a close friend or loved one can be overwhelming, especially when faced with an unfamiliar set of tasks. The focus in the immediate days after a person's death may be on funeral arrangements and a memorial service. Soon after, you will need to take care of financial and legal matters. Many people find it difficult to handle everything on their own. You should ask friends and family members for help and support during this time.

The tasks you will need to do fall into four areas:

• Locate important documents
• Notify individuals
• Make funeral arrangements
• Take care of financial and legal tasks, including a probate if necessary

You can watch a very short presentation on what to think about Immediately After Death.

What documents should I look for after someone dies?

You should try to find the following documents as soon as possible after the person's death, although it is possible that the person may not have any of these documents:

• Original estate planning documents, including a Will or a trust.
• Policy or contract for prepaid funeral or burial arrangements.
• Discharge papers, if the person who died was a veteran.
• Marriage Certificate for funeral arrangements or organ donation, if the person who died was your spouse.

Where can I find the documents I need?

It can be hard to find documents left behind by the person who died. You should start by looking in the person's home, including file cabinets, safes, or even in the freezer (which protects documents from fire). You can also contact the person's lawyer who might have originals or copies of some of the person's documents. You can search Courtview to see if the decedent deposited their will with the court. Look for a case number that ends in “WI” such as 1WR-13-22457WI (See case example ). Although many people keep important papers in a safe deposit box, you will not be able to access the box after the person's death unless there is a joint depositor or you have been appointed the Personal Representative of the person's estate. If you think that the person's Will might be in a safe deposit box, you will need to ask the probate court for a special order that allows you to access the box. It is a good idea to talk to a probate lawyer if you need access to the person's safe deposit box before opening a probate.

Who should I notify immediately about the person's death?

You should tell the following people as soon as possible that the person has died:

• Personal doctor, hospital, or medical clinic if arrangements need to be made for donation of the person's tissue, organs, or body.
• Funeral director.
• Personal Representative named in a Will.
• Guardian of any minor children named in a Will.

How do I make funeral arrangements?

You should do the following things:

• Look over documents that the person might have left to find out whether the person preferred cremation or burial, whether the person had any wishes for his or her remains (for example burial in a hometown cemetery or scattering of ashes), and what preferences the person had for a memorial service. You might find instructions in the person's Will, trust, a separate written document or even in a computer file.
• Review any prepaid funeral or burial policy that the person owned.
• Call a local funeral home. If you do not know which funeral home to choose, ask a friend, family member, or professional advisor for a recommendation, search the internet for local funeral homes or look in the yellow pages of the telephone book.
• If the person who died was a veteran, you may be able to receive money or other benefits to help with the funeral, burial plot and expenses. You should ask the funeral director for help or contact the Department of Veterans Affairs. You will need a copy of the person's discharge papers.

What should I do at the funeral home?

Making decisions at the funeral home can be difficult. You should bring someone with you for support. If you are the spouse of the person who died, you should also bring a copy of your Marriage Certificate. You will need to do the following things:

• Decide on cremation or burial.
• Decide on a time and place for a funeral ceremony.
• Decide what will happen to the person's remains and make arrangements for transportation after any local service.
• Decide whether you will accept flowers (if so, make plans for after the service) or request donations to a charity or other organization in the person's memory.
• Prepare an obituary for publication in your local newspaper and in the person's local or hometown newspaper, if desired. You will likely need the person's full name, age, place of birth and death, occupation, degrees, memberships, military service, outstanding work, hobbies and interests, immediate family survivors, time and place of services, if any, and whether memorial gifts are to replace flowers.
• Request enough certified copies of the Death Certificate from the funeral director for probate, life insurance policies and similar needs (usually 5-10).

What other arrangements should I make for the funeral service?

You will need to:

• Select and notify pallbearers or others who may participate in the ceremony.
• List and notify family members, close friends, neighbors, co-workers and members of community organizations in which the person who died was active.
• List and notify distant relatives and friends.
• Choose whether to have a private ceremony or a larger funeral.
• Make a list of flowers, gifts, calls, notes and people to thank.
• Decide whether to invite others to your home or a different place after the funeral service.
• Make arrangements for food and drink.
• Make needed household arrangements, such as child care or hospitality for visiting relatives.

What financial and legal tasks should I do after the service?

After the memorial service and funeral, you will need to take care of other financial and legal matters. Some of the things you can do right away, if appropriate, are:

• Review the terms of the person's Will or trust.
• Meet with a probate lawyer to ask questions and review probate, trust administration, or tax matters.
• Search the person's house or apartment to identify and keep property safe.
• Contact the post office and arrange to have all mail forwarded to a close relative or the person's Personal Representative or Trustee. Save and carefully review all mail to identify the person's bills and property.
• Make sure that important bills, such as mortgage payments, taxes and utilities continue to be paid, but do not pay any other bills, loans or debts until you understand about estate creditors or talk to a probate lawyer.
• Cancel unnecessary services such as magazines, cable television, internet, home telephone and cell phone service. Keep necessary services such as electric, water and trash service. You may need to change utility accounts into the estate name. You will need to show the utility a certified copy of the Letters to do this.
• Review and end any lease for the person's living arrangements, such as an apartment or rental home.
• Contact the person's health insurance company (or employer) to end medical or disability coverage for the person. Continue coverage for others under the policy, if necessary.
• Contact any agency from which the person received benefits so that future payments will be stopped.
• Contact the Department of Veterans Affairs and the Social Security Administration and ask about survivor benefits for a spouse or minor child.
• Contact the person's employer for information on severance pay, unused vacation pay, pension or retirement plans, life insurance and other death benefits.
• Contact the Alaska Permanent Fund Dividend Division if the person was an Alaska resident to see whether he or she applied for the Permanent Fund Dividend. Apply for a dividend on the person's behalf, if needed.
• Make claims for pension or other retirement benefits and arrange for any rollovers before the deadlines. Talk to a probate lawyer, certified public accountant or the financial institution to confirm the deadlines. See Probate Resources section to find a lawyer or accountant.
• Notify lodges, fraternities and other organizations of which the person was a member and the schools or church that he or she attended.
• Keep a list of all amounts, dates and descriptions for all expenses. Save your receipts.
• Meet with a certified public accountant or tax advisor about filing tax returns for the person who died and his or her estate.
• Do not accept or transfer the person's property without first understanding about taxes and creditors or talking to a probate lawyer.

What documents will I need to complete the tasks?

You may need one or more of the following documents:

• Affidavit for Collection of Personal Property, P-110
• Automobile title and registration papers
• Bank account records
• Birth Certificate
• Contracts
• Death Certificate
• Deeds to real property
• Honorable discharge papers, if a veteran
• Insurance policies
• Letters Testamentary or Letters of Administration
• Loan documents and schedules
• Marriage Certificate
• Recent federal income tax forms and W-2 forms
• Social Security Card
• Stock certificates
• Transfer on Death deed for real property if the person who died recorded the deed before death

How do I transfer the person's property to others?

A probate is necessary to transfer property of the person who died if he or she owned property that does not automatically pass to someone else. If the property meets certain conditions, you can collect property without a court case and avoid probate. If so, you can use:

• Affidavit for Collection of Personal Property, P-110

You should review the Background Information about Probate. If no probate is needed or if you are able to use an Affidavit for Collection of Personal Property, you should review the section on transferring property. If the person who died created a trust, you should review the section on Trusts and arrange for the successor Trustee to take control of the person's property.

What does a Temporary Property Custodian do?

A Temporary Property Custodian is someone who takes temporary control of tangible personal property of the person who died to keep it safe. Tangible personal property means property such as furniture, housewares, clothing, jewelry, artwork, firearms, vehicles, equipment, tools, heirlooms or photographs. It does not include cash, checks or bank accounts.

Taking temporary control of this type of property is most common when the person who died left belongings in someone else's care, such as leaving the contents of his or her apartment in the landlord's building. If the landlord gives the property of the person who died to a Temporary Property Custodian, the landlord will not have any further responsibility over the property. The Temporary Property Custodian must keep the property safe and give it to the Personal Representative when one is appointed or to another person who has a right to the property.

Serving as a Temporary Property Custodian is not a substitute for probate and does not give the Temporary Property Custodian any ownership rights in the property.

How can I act as a Temporary Property Custodian?

You can sign an Affidavit for Release of Property To Temporary Custodian, P-120 . When you receive the tangible personal property of the person who died, you must also prepare an Inventory of Property Taken by Temporary Custodian, P-121 . You must follow all of the instructions on the Affidavit and Inventory. You can also ask the court to appoint you as a Temporary Property Custodian by filing an Application for Appointment as Temporary Property Custodian Under AS 22.15.110(a)(33), P-130 . If you are appointed by the court, you must follow the court's directions.