End-Of-Life
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Legacy Suite ensures that estate planning is inclusive of all assets (physical and digital) and a legacy is truly passed in accordance with the owner's personal intent.
Estate Progress
4 / 6 Steps
Step 3 in progress
Collecting certified death certificates from the county clerk.
My loved one has died, where do I begin?
When a loved one passes away, the immediate period can feel overwhelming. Before anything else, understand that probate is the legal process of administering a deceased person's estate — validating the will, paying debts, and distributing assets to heirs. Not all assets go through probate; those with named beneficiaries, joint ownership, or held in trusts typically transfer directly. As an interested person — a beneficiary, heir, or creditor — you have legal standing to participate in the probate process.
State laws vary significantly: some states have simplified procedures for small estates, while others require full probate proceedings. It is important to act promptly, as deadlines for filing probate petitions and notifying creditors differ by jurisdiction. Gathering key documents early, identifying the scope of the estate, and understanding your role in the process will help you take the right steps at the right time.
The Steps
Follow these six essential steps to navigate the estate administration process with confidence.
Find the Original Will
The first step is locating the original will. Check the deceased's personal files, home safe, Legacy Suite account, or safety deposit box at their bank. You can also search your state's probate court records — some people file their wills for safekeeping. If you believe a will exists but cannot locate it, a court can sometimes establish the contents through witness testimony.
Search Legacy Suite, personal files, safety deposit boxes, and probate court records.
Identify the Decedent's Assets and Liabilities
Create a comprehensive inventory of everything the decedent owned and owed. Assets include real property, bank accounts, investment portfolios, retirement accounts, life insurance policies, vehicles, and personal property. Be aware that jointly-owned accounts with right of survivorship and accounts with named beneficiaries transfer outside of probate. Liabilities include mortgages, loans, credit cards, and any pending legal judgments — all of which must be settled before distributions.
Inventory real property, financial accounts, investments, and all outstanding liabilities.
Keep Good Records
Meticulous record-keeping is essential throughout the estate administration process. Track every expense paid from estate funds, every communication with financial institutions, every document filed with the court, and every distribution made to beneficiaries. Courts and beneficiaries may require a formal accounting, and personal liability can arise if estate funds are mismanaged. Use a dedicated ledger or accounting software to stay organized.
Track all expenses, communications, and distributions with a dedicated accounting system.
Make a Family Tree
An affidavit of heirship documents the family relationships of the deceased and is often required by courts and financial institutions. List all potential heirs — spouse, children (including adopted and step-children), parents, and siblings. Some states require specific forms or notarized statements. If there is no will (intestate succession), state laws strictly determine who inherits and in what proportions based on this family tree.
Document family relationships for the affidavit of heirship required by courts.
Get Death Certificates
You will need multiple certified copies of the death certificate — typically 8 to 12 copies. Each financial institution, government agency, insurance company, and court filing will require its own original certified copy. Certified copies are obtained from the vital records office in the county or state where the death occurred. Original certified copies cannot be substituted with photocopies for most official purposes.
Obtain 8–12 certified copies for financial institutions, courts, and insurers.
Contact an Attorney
An estate attorney is required when the estate must go through formal probate, when there are disputes among beneficiaries, or when the estate involves complex assets such as business interests or significant real property. Many attorneys offer free initial consultations. Fee arrangements include flat fees for simple estates, hourly billing, or a percentage of the estate value. Some states cap attorney fees for probate proceedings by statute.
Attorneys are essential for formal probate, beneficiary disputes, or complex asset transfers.
Are you ready?
Ensure your legacy is truly passed in accordance with the owner's personal intent.
Identifying Life Insurance Policy
Start with the NAIC (National Association of Insurance Commissioners) Life Insurance Policy Locator tool, which searches participating companies' records. Also check with the deceased's employer for group life insurance benefits, their financial advisor or broker, and review bank statements for recurring premium payments. Private investigative companies and your state's unclaimed property database can also surface forgotten or lapsed policies.
When contacting insurance companies to file a claim, you will need the certified death certificate, the deceased's full legal name and any aliases, Social Security number, date of birth, dates and history of address changes, and the full legal names and current addresses of all named beneficiaries. Having this information organized before you begin will significantly expedite the claims review process.
Beneficiary designations on life insurance policies supersede any instructions in the decedent's will. Review all policy documents carefully to identify primary and contingent beneficiaries and their percentage shares. Note that minor children cannot directly receive life insurance proceeds — a court-appointed custodian or a pre-established trust is typically required to hold funds until the minor reaches legal age.
If there are no living contingent beneficiaries named and the primary beneficiary has predeceased the insured, the proceeds typically revert to the estate and must pass through probate. Also be aware that in some states, divorce automatically revokes a former spouse as a named beneficiary, while in others the designation remains valid until formally changed. Always review each policy's specific language alongside applicable state law.
Some Do's & Don'ts
This guide will help you begin the process of settling an estate efficiently and legally. Following these guidelines protects you from personal liability and ensures a smoother administration.
Do's
Get several certified copies of the death certificate Keep records of all administrative tasks, decisions, and communications Locate the original will or trust documents as soon as possible Notify creditors and financial institutions promptly Take a thorough inventory of all assets Categorize assets as real property, personal property, or financial accounts Identify assets with named beneficiaries or jointly owned with right of survivorship Secure all assets — change locks, secure valuables, and notify financial institutions Jointly owned assets with survivorship rights typically transfer directly, bypassing probate Contact an estate attorney if the estate requires formal probate Probate is required when assets are solely in the deceased's name without beneficiary designations Obtain an EIN (Employer Identification Number) for the estate from the IRS
Don'ts
Don't make distributions to beneficiaries until probate is fully determined Don't pay the decedent's debts from your own personal funds The decedent's debts are the estate's sole responsibility, not the personal liability of heirs Don't use estate funds for personal needs or expenses unrelated to administration Don't comingle estate assets with your personal finances Open a dedicated estate bank account using the estate EIN to keep all funds separate Don't delay estate administration — probate has strict statutory deadlines
Glossary
The glossary provides definitions for the end of life of your legacy. Understanding these key legal and financial terms will help you navigate the estate administration process with confidence.
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