The First Weeks After a Death

Very little has to be decided in the first days after a death. What does need doing early is short: secure the property, find the key documents, confirm who has legal authority, order death certificates and notify a few offices. Each step is covered below.

After a death, family members have questions, there may be a house to deal with, and the legal paperwork can seem urgent.

Most of it can wait. The steps on this page cannot.

If the deceased owned a home, the first priority is making sure it is physically secure. Lock the doors. If there is any question about who has keys, change the locks. Make sure the windows are closed and nothing is left open.

Tell the homeowner's insurance company about the death promptly. Standard policies may not cover a vacant home, and a lapse in coverage at this stage can be costly.

Several documents have to be found before much else can happen:

• The original will (not a copy): the court requires the original signed document. Check home files, safe deposit boxes, and with the person's attorney.
• Trust documents: if the deceased had a living trust, locate the trust agreement.
• Financial account statements: bank, investment and retirement accounts.
• Life insurance policies: note the insurance company and policy numbers.
• Property deeds: for the home and any other real estate.
• Vehicle titles

Do not close any accounts yet. For now, find and list what exists.

Before anyone can make decisions about property, sign documents or access financial accounts, someone needs the legal authority to do so. It is an important early step, and families often skip it.

That authority comes from one of the following:

• A durable power of attorney, if the person is still living but incapacitated
• Being named as executor or personal representative in the will, once the court appoints you and issues letters testamentary
• Being named as trustee in a trust
• A court order appointing a guardian or conservator

Without legal authority, even adult children cannot legally sell a home, access bank accounts, or make binding decisions about the estate. Settling who has authority early prevents significant problems later.

You will need more certified copies of the death certificate than you expect. Order several: typically 8 to 12. They are required by banks, investment firms, the Social Security Administration, insurance companies, the court, and title companies. Running out and having to reorder causes delays.

In the first week or two, notify:

• Social Security Administration: benefits paid after the date of death must be returned
• Medicare and any supplemental insurance
• Financial institutions: to flag accounts and begin the transfer process
• The post office: forward mail so nothing important is missed

Even if the will is clear and the family is in agreement, nothing should be distributed to heirs until the estate has been properly administered and all debts have been identified and paid. Distributing assets prematurely can create personal liability for the executor.

Talk with a Washington State probate attorney as early as possible, ideally within the first two weeks. An attorney can confirm whether probate is required, explain the filing deadlines, and set out how administration would work for this particular estate.

Real Property Planning does not refer anyone to attorneys. Choose a Washington-licensed probate attorney yourself; you can confirm any lawyer's license with the Washington State Bar Association (wsba.org).