Upon the Dealth of a Loved One
CHECKLIST – The Probate Process

You are coping with the loss of a loved one.  Now is not the time to worry about dividing up assets.  While you are with family, GRIEVE.   AFTER a loved one’s death, we tend to experience many changing circumstances:

Anger - You may experience anger, resentment or just be irritable for no reason.
Fear - It will take time to adjust to managing your life, finances, etc.  Be patient.
Timely - Certain matters must be attended to in a timely manner, such as starting the probate process and payment of taxes.  The checklist below will help.
Emotions - People grieve in different ways.  Acknowledge that you may experience sadness, loss of ambition or energy, numbness, withdrawal from friends and daily activities, even helplessness.  Also be aware of family rivalry and interest in assets.
Reactions - You may react impulsively or be slow to react to daily responsibilities.  Acknowledge that you may need help.

• Funeral arrangements.  Have funeral arrangements been established beforehand?  Are there trusts already set up for funeral costs?  Burial plots already established?
• Give Will to Executor.  By law, within thirty (30) days of learning of one’s death, the person who possesses the decedent’s Will must either present it to the Executor of the Will or the Probate judge.
• Start Probate.  Within thirty (30) days after death, the Executor must initiate the probate process.
• There is no “reading of the Will”.  If people inquire about the Will, the best practice is to say as little as possible until all facts and circumstances are known.  Generally, this is after you meet with the lawyer.
• Gather all documents.  Take nothing for granted.  Locate all important papers and valuables and put them in a safe place.  You should even  consider collecting keys or changing the locks for vacant homes as property tends to disappear.
• Powers of Attorney.  Durable Powers of Attorney of the decedent are now void.
• Executor’s initial duties.  As Executor, gather the Will, trusts, deeds, insurance policies, tax returns for the last two years, stock certificates, the latest bank and other financial statements, bills, incoming mail, bonds, a list and location of assets, and determine if there is a safety deposit box, etc.
• Order at least five death certificates.  The lawyer will need at least two.  Each insurance company and financial institution will require one as well.
• Leave the probate process and tax administration to the experts.  There are many probate and tax deadlines that could be costly if you miss them.  Administration of a full probate estate takes about 1 to 2 years depending upon creditor claims, tax issues or whether the will is contested.  Good legal advice and guidance can expedite the probate process, prevent costly errors, and protect from against law suits against the executor. Have the lawyer manage the process with you to alleviate additional anxiety, worry and for peace of mind.