Provided below is a general checklist of “things to do when someone dies”, whether it be a friend or a family member.

More often than not, the action items below should be undertaken by the Decedent’s Executor (if the Decedent died with a Will) and/or Heirs-at-Law (i.e. those persons who are entitled to inherit from the Decedent if he/she died without a Will – i.e. died intestate). Most importantly, if in doubt, or if there is conflict among any Executor, Trustee, Beneficiary or Heir-at-Law, be sure to contact an attorney to avoid the risk of becoming personally liable for actions you have taken or are about to take.

Immediately:

• Arrange for organ donation, after reviewing Decedent’s driver’s license, Advance Health Care Directive, Living Will and/or other documented wishes;
• Notify family members, close friends and Decedent’s attorney;
• Arrange care for minor family members and dependents;
• Arrange for pets;
• Arrange for funeral and memorial, after discussing the same with immediate family members and after reviewing Decedent’s Advance Health Care Directive, Living Will and/or other documented wishes;
• If the Decedent was a Veteran, visit the U.S. Department of Veteran’s Affairs website, and their Burial Benefits page;
• Contact extended family and friends to spread the word about the funeral;
• Arrange for a headstone;
• Prepare an obituary;
• Arrange for security at Decedent’s home and/or request policy to routinely check on Decedent’s home if left vacant; and
• Dispose of perishable food in Decedent’s home and water plants;

As Soon as You are Able:

• Contact the Decedent’s estate planning attorney, or if none, a Trust and Estates attorney;
• Locate and secure Decedent’s estate planning documents (if any);
• Locate and secure Decedent’s financial documents (e.g. bank statements, retirement statements, life insurance statements, veteran statements, credit card statements, health insurance statements, list of creditors and debts, etc.);
• Notify Social Security (usually this is done by the funeral director, but if not, visit the U.S. Social Security Administration’s website);
• Notify Medi-Cal if the Decedent was receiving Medi-Cal benefits (visit California Department of Health Care Services website);
• Notify utility companies if services need to be stopped;
• Notify health insurance company to cease coverage (do not, however, cease benefits for the Decedent’s dependents);
• Notify Decedent’s employer;
• Notify credit reporting agencies;
• Notify mortgage company on Decedent’s home, if any;
• Notify Decedent’s bank(s);
• Obtain original Certificates of Death (an attorney can advise as the number of originals needed), which will be needed in the up-coming estate and/or Trust Administration (usually the funeral director can assist with this);
• Re-direct mail to person named as Executor in Decedent’s Will (if any) or to one of Decedent’s Heirs-at-Law (i.e. those persons who are entitled to inherit from the Decedent if he/she died without a Will – i.e. died intestate)
• Make a list of those who attended the funeral and/or sent well-wishes and send thank-you cards;
• Make a list of Decedent’s debts and creditors (do not, however, pay any of Decedent’s debts without speaking with an attorney);
• Close Decedent’s credit card accounts; and
• Maintain records of all expenses incurred on behalf of Decedent (e.g. funeral and memorial expenses).

To Finish:

• If a probate is necessary, file a Petition for Probate;
• If Decedent died with a Trust, the Trustee must begin the Trust Administration;
• Lodge Decedent’s original Will (if any) with the Probate Court;
• File appropriate documents with the County Assessor (e.g. Preliminary Change of Ownership Report, Change of Ownership Statement, Parent-Child Exclusion, etc.) and/or Recorder (Affidavit Death of Trustee, Affidavit Death of Joint Tenant, Quitclaim Deed, etc.) with respect to Decedent’s home, if any;
• File Form 56 with the IRS and California Franchise Tax Board;
• Determine whether an Estate Tax Return is necessary;
• Determine whether income tax and/or trust tax returns need to be filed;
• Pay Decedent’s rightful creditors (not barred by statutes of limitations periods) and taxes;
• Distribute assets remaining to Decedent’s beneficiaries; and
• Get a release of liability from beneficiaries.