Losing a loved one is difficult, and it can be hard to know what needs your attention first. Taking a few practical steps early can help protect the estate, avoid unnecessary delays, and make the administration process more manageable.
1. Follow Your Loved One’s Funeral or Burial Wishes
Before turning your attention to legal and financial matters, determine whether your loved one left instructions for their funeral, burial, or cremation. These wishes may be included in estate planning documents or shared separately with family members.
If no instructions are available, family members will generally need to make these decisions. Keeping records of funeral expenses is also a good idea, as they may become relevant during the estate administration process.
2. Obtain the Death Certificate
One of the first things you’ll need is certified copies of the death certificate. Financial institutions, insurance companies, government agencies, and the Surrogate’s Court often require them before releasing information or transferring assets.
Request multiple certified copies, particularly if your loved one owned several financial accounts or pieces of real estate. Having enough copies can save time later.
3. Locate the Estate Planning Documents
Before making decisions about the estate, determine whether your loved one left any estate planning documents. These documents may identify who will administer the estate and how assets should be distributed.
Look for:
- The original will
- A revocable living trust
- Funeral, burial, or cremation instructions, if documented
If you locate a will, avoid removing staples, making changes, or writing notes on the original document. It may need to be filed with the appropriate New York Surrogate’s Court as part of the probate process.
4. Secure Property and Important Records
Protecting your loved one’s property is another early priority.
This may include:
- Locking and securing the home
- Collecting mail
- Safeguarding valuables
- Gathering financial records, insurance policies, deeds, tax returns, and account information
- Making sure vehicles and other property are secure
If the home will remain vacant for an extended period, it may not be covered by existing homeowner’s insurance. You may need to notify the insurance company and purchase additional coverage.
5. Notify Family Members, Employers, and Financial Institutions
After the immediate needs have been addressed, begin notifying the organizations that need to know about the death.
Depending on the circumstances, this may include:
- Family members and close friends
- The employer, if applicable
- Banks and credit unions
- Investment companies
- Life insurance providers
- The Social Security Administration
- Pension administrators
Some benefits may be available to surviving family members, while certain financial accounts may need to remain unchanged until the appropriate legal authority has been established.
6. Avoid Distributing Property Too Soon
One of the most common mistakes is distributing property before understanding how the estate should be administered. Even when family members agree on who should receive certain belongings, debts, taxes, and legal requirements need to be addressed before property can be distributed. If you’re unsure whether an asset can be distributed, it’s generally best to wait.
7. Determine Whether Probate Is Required
Not every estate requires a full probate proceeding in New York. If the deceased person owned personal property solely in their name valued at $50,000 or less, and there is no real estate that must be transferred through the estate, the estate may qualify for Voluntary Administration, sometimes called New York’s small estate procedure. This simplified process is often faster and involves fewer court requirements than formal probate.
Some assets transfer automatically, including:
- Jointly owned property with rights of survivorship
- Accounts with payable-on-death (POD) or transfer-on-death (TOD) designations
- Life insurance proceeds payable to a named beneficiary
- Retirement accounts with designated beneficiaries
Other assets owned solely in the deceased person’s name may require probate before they can be transferred to heirs or beneficiaries. Understanding whether probate is required or whether the estate qualifies for Voluntary Administration can help you determine the next steps.
8. Speak With an Estate Administration Attorney
Every estate is different. Some estates involve a straightforward probate proceeding, while others raise questions about multiple beneficiaries, creditor claims, missing documents, or disputes over a will.
Meeting with an estate administration attorney early can help you understand what steps apply to your situation, what deadlines may affect the estate, and whether probate is necessary. We can also help prepare and file the required court documents and guide you through each stage of the process.
Guidance for the Next Steps
Losing a loved one is never easy, and handling the legal responsibilities that follow can add uncertainty during an already difficult time. At Hedlind Law, PLLC, we help families throughout New York understand their responsibilities, avoid common mistakes, and move the estate administration process forward. Contact us today to discuss your situation and learn how we can help.