Estate Administration Checklist: What to Do After the Loss of a Loved One

Cristina M. Offenberg, Esq.
Vice President, Head of Estate Settlement and Senior Trust Officer
Washington Trust Wealth Management

Losing a loved one is difficult enough; having to navigate the legal and financial responsibilities of settling an estate while dealing with grief and family dynamics can be overwhelming. This checklist will guide you through the process and help you avoid unnecessary delays, confusion, and family conflict during an already stressful and emotional time.

1. Contact a funeral director or cremation provider.

Your first step will typically be working with a funeral home or cremation provider to arrange services. They can also complete the form for the death certificate and obtain certified copies (which you will likely need to transfer assets, close accounts, and file insurance claims) and notify the Social Security Administration.   

2. Locate the original last will and testament and any trust documents.

You may need to contact the deceased’s attorney for these documents, which identify who has authority to act on behalf of the estate and provide instructions regarding the distribution of assets. If no will can be located, state intestacy laws determine who inherits the estate assets. The probate court typically appoints an administrator to oversee the estate administration process, manage estate assets, pay debts and expenses, and distribute the remaining assets according to state law.

3. Identify and notify the person in authority.

Depending on the circumstances, this may be the executor named in the will, a court-appointed administrator, a corporate trustee, or a surviving joint owner. The executor is responsible for managing the estate administration process, including filing court documents, gathering and protecting assets, communicating with beneficiaries and creditors, paying debts and taxes, overseeing the sale or transfer of property, and overseeing the distribution of assets. 

4. Consult an estate attorney.

An estate attorney can help determine whether probate is required, assist with court filings, provide guidance regarding trust administration, and help ensure all legal responsibilities are completed before the estate is closed. Probate is the legal process used to administer assets that do not automatically transfer to a beneficiary or surviving owner. Probate proceedings are typically filed in the local court system where the deceased lived.

5. Notify close family members and key advisors.

Inform family members, the deceased's attorney, financial advisor, accountant, tax professional, insurance provider, and other trusted advisors. Early communication can help coordinate the administration process and prevent unnecessary delays.

6. Contact banks and financial institutions.

Notify financial institutions of the death so accounts can be reviewed and protected as needed. Financial institutions can explain their procedures for account access, beneficiary claims, and asset transfers.

7. Gather important financial and legal documents.

Collect bank statements, investment statements, insurance policies, deeds, vehicle titles, tax returns, retirement account information, business records, and other documents needed to identify assets, liabilities, and ownership arrangements.

8. Secure the home, personal property, valuables, and important mail.

Protecting estate assets is one of the first responsibilities of an executor, administrator, or trustee. Ensure homes, vehicles, valuables, digital accounts, and important records remain secure until the estate administration process is complete.

9. Determine how assets are titled.

How an asset is owned often determines how it will be transferred after death. Assets that are jointly owned or have designated beneficiaries—such as life insurance policies, retirement accounts, payable-on-death (POD) accounts, transfer-on-death (TOD) accounts, and certain trust assets—may pass directly to beneficiaries outside of probate.

Assets held in a trust are generally administered according to the terms of the trust rather than through the probate process. In some cases, a trust may eliminate the need for probate altogether. However, if some assets are held in a trust while others remain titled individually, both trust administration and probate may be required.

Assets owned solely by the deceased without a beneficiary designation may require probate court involvement. Because ownership structures can be complex, confirm asset titling with the financial institution and consult legal counsel when necessary.

10. Obtain tax guidance before making final distributions.

Final income tax returns, estate tax returns, trust tax returns, and other tax filings may be required depending on the circumstances. Consult a qualified tax professional before making distributions to beneficiaries to avoid unexpected tax issues or personal liability.

Throughout the Process

Throughout the process, it is critically important that you:

• Keep organized records. Maintain detailed records of all transactions, correspondence, expenses, receipts, account statements, and actions taken on behalf of the estate.
• Communicate clearly with beneficiaries and family members. Regular communication can help manage expectations, reduce misunderstandings, and minimize family conflict during what is often an emotional time.
• Do not distribute assets too early. Before making any distributions, ensure that debts, taxes, administrative expenses, and legal obligations have been identified and addressed. Premature distributions can create significant complications and potential liability for the estate.

Washington Trust Wealth Management Can Help

Estate administration can feel overwhelming, particularly while grieving the loss of a loved one. Our experienced wealth advisors are here to support and guide you, working with your legal and tax professionals to help make the process more manageable and reduce unnecessary delays, disputes, and stress for everyone involved.