When a Loved One Dies: A Practical Checklist for Families

The first few days

• Obtain a legal pronouncement of death and arrange transport with a funeral home.
• Notify close family and friends. Ask someone to help field calls.
• Look for a letter of instruction, pre-paid funeral contract, or stated wishes about burial or cremation, organ donation, and services.
• Secure the home, vehicles, and pets. Forward mail if the home will be empty.
• Order certified death certificates through the funeral home. Ten is a reasonable starting number; banks, insurers, and agencies each require one.

The first two weeks

• Locate the original will and any trust documents. Check the home safe, the attorney's office, and the safe deposit box.
• Gather account statements, deeds, titles, insurance policies, recent tax returns, and a list of debts.
• Notify Social Security (the funeral home often does this) and any pension administrators.
• Notify life insurance companies and request claim forms.
• Contact the employer about final wages, benefits, and group life insurance.
• Schedule a meeting with an estate planning attorney to determine what process applies.

Determining the process

Assets in a living trust

The successor trustee administers the trust privately, without court, following the trust's terms.

Assets with beneficiary designations or joint owners

These pass directly by claim form or by operation of law. Life insurance, retirement accounts, TOD accounts, and joint property fall here.

Assets in the deceased's name alone

If they include real estate or exceed $75,000, probate is required. Smaller estates may use a collection affidavit.

Most estates involve some of each. The attorney's first job is to sort the assets into these three categories and map the steps.

The first few months

• Open probate or accept the trustee role; obtain a tax ID number and open an estate or trust account.
• Publish notice to creditors (probate) and address claims during the four-month claim period.
• Inventory and value assets as of the date of death; obtain appraisals for real estate and business interests.
• Keep paying the mortgage, insurance, and utilities on real estate until it is sold or transferred.
• Cancel subscriptions, memberships, and credit cards; notify credit bureaus to prevent identity theft.
• File the final income tax return, the estate or trust income tax return, and estate tax returns if the estate exceeds the Minnesota threshold.

Closing out

• Prepare an accounting for beneficiaries and obtain signed receipts.
• Distribute assets according to the will or trust.
• Close the estate with the court or document the trust termination.

A straightforward Minnesota probate takes roughly nine to twelve months; a trust administration is often faster. Our page for executors and trustees covers the fiduciary's duties in more detail.

This guide is general information about Minnesota and federal law. It is not legal advice for your situation. Contact the office to discuss how these points apply to you.