When a loved one dies, the emotional toll can be overwhelming. In addition to grieving, numerous legal and financial matters need to be addressed. Even if all assets were jointly owned with a spouse, navigating the probate process can be complex. This is where the expertise of an attorney becomes invaluable. Here’s a guide on what to do when someone dies, particularly focusing on the probate process and how an attorney can assist.

Understanding Probate

Probate is the legal process through which a deceased person’s estate is managed and distributed. It involves validating the will (if one exists), settling debts, and distributing the remaining assets to beneficiaries. While joint ownership with a spouse can simplify some aspects, there are still important steps to take.

Step 1: Notify Key Parties

Immediately after the death, notify relevant parties, including:

Family members and close friends
The deceased’s employer (if applicable)
Financial institutions
Insurance companies
Government agencies (such as the Social Security Administration)

Step 2: Obtain the Death Certificate

A certified copy of the death certificate is required for many legal and financial processes. You can order copies from the funeral home at the beginning of the process or at the town hall (in Connecticut) in the town where the person died. In Connecticut, they cost $20 per certified copy so while it is important to have a few, you do not necessarily want to over-order. Your attorney can guide you on how many copies you might need and where to submit them.

Step 3: Review the Estate Plan

If the decedent had a Will or trust, the attorney will review it to understand the deceased’s wishes. The Will typically names an executor, the person responsible for managing the estate. If there is no Will, the court will appoint an administrator, often a surviving spouse or close relative.

Related Post: Does a Will Avoid Probate?

Step 4: Inventory the Assets

Even with joint ownership, it is crucial to create a comprehensive inventory of all assets. This includes:

Real estate
Bank accounts
Investments
Personal property
Debts and liabilities

An attorney can help ensure that no asset is overlooked and that the inventory is accurate and complete.

Step 5: Navigate the Probate Process

While jointly owned assets often bypass probate, certain assets may still require court intervention. An attorney can help you understand which assets need to go through probate and assist in filing the necessary paperwork.

Filing the Will

The attorney will file the Will with the local probate court. This step officially starts the probate process.

Appointing an Executor or Administrator

If you are named as the executor, the attorney will help you get formally appointed by the court. If there is no Will, they will assist in the appointment of an administrator. Simply being named in the Will does not give the Executor authority to act. To have authority to take actions on behalf of an estate requires Probate Court appointment.

Step 6: Settle Debts and Taxes

The estate is responsible for paying any outstanding debts and taxes. This includes:

Funeral expenses
Credit card debts
Medical bills
Taxes (income and estate taxes)

An attorney will help you determine which debts need to be paid and ensure that all tax filings are accurate and timely.

Step 7: Provide an Accounting and Distribute the Assets

Once debts and taxes are settled, the remaining assets can be distributed to the beneficiaries. First, the person managing the estate has to account for all of the income and expenses of the estate. This financial report can be complex. An attorney can help you navigate any disputes or legal hurdles.

Step 8: Close the Estate

The final step is to close the estate. This involves:

Filing a petition with the court to close the estate
Distributing any remaining assets

An attorney will ensure that all legal requirements are met and that the estate is closed properly.

Benefits of Hiring an Attorney

Navigating the probate process can be daunting, especially during a time of grief. An attorney provides several benefits:

Expert Guidance: They understand the complexities of probate law and can guide you through each step.
Efficiency: They help streamline the process, reducing delays and ensuring that everything is done correctly.
Peace of Mind: Knowing that an experienced professional is handling the legal aspects allows you to focus on grieving and supporting your family.
Conflict Resolution: They can mediate any disputes among beneficiaries, helping to prevent familial discord.

Conclusion

When a loved one dies, navigating the probate process requires careful attention to detail. Engaging an attorney ensures that the deceased’s wishes are honored, debts and taxes are settled, and assets are distributed properly. This professional support is invaluable in ensuring that the process is as smooth and stress-free as possible during a challenging time.

Disclaimer: The information provided in this article does not, and is not intended to, constitute legal advice and is for general informational purposes only.