What Do I Do When Someone Dies?

The weeks after a death run in an order: the death certificates and the funeral, then notifying agencies, banks and insurers, locating the will or trust, opening probate or taking up the trusteeship where one is needed, settling debts and taxes, and distributing what remains. State law sets deadlines on several steps.

The first steps are the death certificate, the funeral or cremation, securing the residence and valuables, notifying immediate family, and locating any will or trust. The checklist orders each step by when it happens; state law sets who has authority over the disposition and how death certificates are issued.

Banks, insurers, government agencies, and title offices each generally require a certified copy, ordered from the funeral home or the state vital records office. The death certificate calculator counts the copies for a specific estate.

No. Assets held in a living trust, joint accounts with survivorship, and accounts with named beneficiaries pass outside probate. Estates under the state's small-estate threshold ($15,000 to $400,000) can use a simplified procedure. Probate applies to assets titled in the person's sole name above that threshold. The probate decision tool answers it for a specific estate.

In the 22 states whose trust code shortens the creditor claims period after the trustee gives the statutory creditor notice, that period runs 3 to 13 months, and a trustee who waits it out distributes after it; elsewhere no statute sets a window for a trust. Probate typically runs 6 to 18 months for an average estate and 9 to 36 months or longer for a complex one; an estate with no documents takes the longer path because the court appoints the administrator and the heirs must be determined. The creditor claim period in each state sets a floor on the timeline; disputes and tax filings extend it.

It depends on the estate and the state. Simple trust administrations are often handled without an attorney. Some states allow a personal representative to file probate without one; others require attorney involvement. The probate self-filing guide covers each state's rule. Contested estates, business interests, and taxable estates generally involve a licensed attorney.

Forms for Settling an Estate

Free forms for settling an estate: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.

Free

Affidavit of Death

Put a joint owner's or a transfer on death deed owner's death on the land records with the affidavit your state's statute names, laid out for recording.

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Free

IRS Form 56

Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.

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Free

Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Free

Petition for Probate and Letters

Open probate and ask the court to appoint you and issue Letters Testamentary or Letters of Administration.

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Free

Notice to Creditors

Notify estate creditors and start the claim period — the published notice plus mailed copies for known creditors.

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Free

Renunciation of Executor

Decline an appointment as executor named in a will — the writing filed with the court before anyone is appointed.

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Free

Affidavit of Heirship

Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, with your state's recording instructions.

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Free

Small Estate Affidavit

Collect a small estate's property without probate — the sworn affidavit presented to banks and other holders, with a presentation letter for each.

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Tools for Settling an Estate

Free tools for settling an estate: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.

How Many Death Certificates Do I Need?

Calculate how many certified death certificates you need and see ordering info for your state.

Calculate the Amount

Do I Need Probate?

Find out if an estate needs probate or qualifies for simplified procedures.

Get the Answer

What Happens to Jointly Owned Property When an Owner Dies?

See what your state records when a joint tenant with right of survivorship dies: an affidavit, the death certificate or a new deed.

Check the Rules

Do I Have to File Tax Returns for Someone Who Died?

Find out which tax returns need to be filed after someone dies and whether tax clearance is required.

Get the Answer

How Do I Settle an Estate?

Personalized plan for settling an estate after someone passes away.

See the Steps

How Much Are Estate & Inheritance Taxes?

Calculate federal estate tax, state estate tax, and inheritance tax for an estate.

Calculate the Tax

What Taxes Apply to My Inheritance?

Inheritance tax by state, federal tax on inheritance, and timeline estimates for receiving money, property, or retirement assets.

Calculate the Tax

How Does Step-Up in Basis Work?

Calculate the new cost basis on inherited assets under IRC § 1014 and project capital gains tax savings.

Calculate the Tax

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