What Happens After Someone Has Died?
After a loved one passes, the decedent’s burial and memorial arrangements need to be made. This means that a family member steps forward to take care of the arrangements. If there is no Estate Plan, a family member (or members) pay(s) for the funeral expenses.
Even though the family is grieving, they still have to inventory the decedent’s property and debt, pay remaining debts and bills of the decedent, distribute property to intended heirs, and file final reports and tax returns to conclude the decedent’s affairs.
Depending on whether the decedent died without a Will, with a Will, or a Trust, the designated family member will be responsible to handle the decedent’s affairs and distribute the assets.
Under the California Probate Code, no person shall act on behalf of the estate for 40 days following the death of the deceased.
After the death of an individual no legal action can be taken in regard to the Decedent’s Estate. However, we recommend that you take the following actions before the 40 day period has expired (click on sections below or download checklist):
What to Do When a Loved One Has Passed Away
After the death of an individual no legal action can be taken in regard to the Decedent’s Estate for the first 40 days.
We recommend that you take the following actions before the 40 day period has expired.
What to Do When a Loved One Has Passed Away
After the death of an individual no legal action can be taken in regard to the Decedent’s Estate for the first 40 days. We recommend that you take the following actions before the 40 day period has expired.
Pre-Death: Critical Care Event
- Is your loved one an Organ Donor?
- If so, the body is handled by the hospital.
- Upon conclusion of Organ Donation, body is transferred to the hospital morgue.
Date of Death
- Call your local mortuary or call 911 if the cause of death is unclear.
- Follow the Durable Power of Attorney for Healthcare to arrange transportation.
- Make arrangements consistent with Estate Planning documents.
- Order 10 Death Certificates.
- Keep records of funeral payments.
Death Notifications
- Notify family and clear dates for the funeral.
- Notify employer, pension provider, Social Security and Veterans Administration.
Securing Dependents, Pets, Assets & Paperwork
- Attend to dependents and pets.
- Change exterior door locks and security codes.
- Photograph home contents.
- Secure paperwork, keys, valuables, vehicles and records off-site.
Funeral Arrangements
Contact your local funeral home so they can assist you in this process. Decide whether the loved one will be embalmed or cremated and what type of funeral service will be held.
How Do I Handle My Loved One’s Financial Affairs?
Probate and Trust Administration can be complicated. We can help you understand your responsibilities, protect the estate, and move through the process with confidence.
Let us help