Loss of a Spouse

When you're ready, this won't take long.

Your estate plan was built for two. Updating it for your life now takes about 20 minutes.

Why estate planning matters after losing a spouse

What happens next depends on what your spouse had in place.

If your spouse had a will, you may be facing probate — court filings, executor responsibilities, retitling assets one by one. That process takes months.

If you shared a trust, the hard part is already done. Assets passed automatically. Your only job now is updating your own plan: naming a new trustee, a new healthcare proxy, new beneficiaries.

Either way, your documents were built for two. When you're ready, we can help you rebuild them for one.

What you need to know

1

Settling your spouse's estate

If your spouse had a will, you may need to navigate probate and fulfill executor duties. If you shared a trust, assets passed automatically — no court involved.

2

Claiming survivor benefits

Social Security survivor benefits, pension options, life insurance payouts, and retirement account distributions each have their own timelines and paperwork.

3

Updating your own plan

Your trust, powers of attorney, and healthcare directives named your spouse in key roles. Those need someone new.

4

Retitling assets

Property or accounts titled jointly or in your spouse's name alone may need to be retitled into your name or your trust.

5

Tax considerations

Your filing status changes. The year of death and the years following have different rules — a tax professional can help you avoid surprises.

6

Long-term planning

Your future needs may look different now. Living arrangements, healthcare, long-term care — your plan should reflect what's ahead.

Your loss of a spouse checklist

Order certified death certificates — how many do you need?

Notify Social Security and claim survivor benefits

Notify life insurance companies and file claims

Notify banks, investment accounts, and retirement plan administrators

Use our Estate Settlement Checklist for step-by-step guidance

If your spouse had a will: estimate probate costs

Retitle jointly-held assets into your name or trust

Update beneficiaries on your retirement accounts and life insurance

Frequently Asked Questions

There's no deadline. Most people wait a few months before addressing their own documents — that's fine. The exception: if you have health concerns or upcoming travel, updating your powers of attorney and healthcare directive sooner ensures someone has authority to act on your behalf.

A will goes through probate — a court-supervised process that can take six months to a year, requires legal filings, and becomes public record. A trust passes assets directly to beneficiaries with no court involvement. If you shared a trust with your spouse, most of the work is already done.

Not immediately, but don't leave it indefinitely. Jointly-held accounts often pass automatically to the surviving owner, but you'll still need to update the title. Assets in your spouse's name alone may require probate or a trust administration process before they're fully yours. Start with accounts you actively use.

As a surviving spouse, you have options most other beneficiaries don't. You can roll an inherited IRA or 401(k) into your own retirement account and treat it as yours — no required distributions until your own RMD age. Alternatively, you can keep it as an inherited account. A financial advisor can help you decide which makes sense for your tax situation.

Start with a list: bank accounts, credit cards, investment accounts, retirement accounts, insurance policies, recurring bills. Check your spouse's email and mail for statements. Your spouse's financial advisor, accountant, or attorney may have records. You don't have to figure it all out at once — just get visibility into what exists.

Free tools to help

Documents and calculators to guide you through the process.

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