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What to do when someone dies - the 2024 checklist

Learn what it is, the terms, and what the next few months will look like. We cover everything from qualifying to inventorying and closing.

Beginner's Guide to Probate What Is Probate

The beginner's guide to Probate

Being an executor involves a whole host of responsibilities that take an average of 500 hours and often last well over a year.

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Executors of an estate —what they do & secrets to succeeding

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Probate

The probate court with controlling jurisdiction is generally in the state and county where one primarily lives.

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Contributor Ben Hopf

Losing a loved one isn't just hard emotionally, it also means filling out a ton of forms & paperwork. Here's what to do next.

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What To Do When Someone Dies - Atticus checklist

What To Do when Someone Dies - The 2024 Checklist

 Uniform Trust Decanting Act (UTDA)

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 Uniform Trust Decanting Act (UTDA) | The Executor's Glossary by Atticus®

The Uniform Trust Decanting Act Definition Atticus Glossary Ben Hopf

Right of Survivorship

Right of Survivorship WROS Atticus App Glossary Nathan Phelps

Right of survivorship lets property under tenancy in entirety pass automatically to the surviving party. This means this asset can bypass probate and should not be counted as a “probate asset”.

Right of Survivorship Definition and Useful Context | Atticus® Executor Glossary

Right of survivorship lets property in some ownership types automatically pass to the surviving party. This means this asset can bypass probate and should not be counted as a “probate asset”.

Right of Survivorship WROS Definition Atticus Glossary Nathan Phelps

Out-of-State Executor

out of estate Atticus App Glossary Nathan Phelps

Out-of-state executors are just like what they sound like: executors who live outside of the state where the relevant probate court is located. 

Out-of-State Executor | The Executor's Glossary by Atticus®

Out-of-state executors are any executors, executrices, or personal representatives living in a state outside of the one they are serving in. 

out of estate Definition Atticus Glossary Nathan Phelps

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What to Do When an Estate Is Insolvent (Not Enough Money)

An estate not being able to pay all of its debts, taxes, or inheritance to beneficiaries means it is insolvent. And when this happens, there’s an order to things.

It’s not a situation any executor likes to find themselves in, but if the estate is insolvent, or has more to pay out than it has on hand, then you are not responsible for the debt, assuming you didn’t have any special ownership circumstances.&nbsp;That’s good, but it also means <a href="/terms/what-is-a-beneficiary" id="">beneficiaries</a> may not get all or some of their inheritance, which is never a fun conversation. Believe me.&nbsp;When an estate can’t pay all the taxes, debts, and inheritances dictated in the will, you must follow a strict order to how and to whom you pay.&nbsp;But first…&nbsp;<h2 id="">What is an insolvent estate?</h2>An insolvent estate is an <a href="/terms/estate" id="">estate</a> that doesn’t have enough cash or other assets to pay off its debts, taxes, administrative expenses, and inheritances<a href="https://www.irs.gov/irm/part5/irm_05-017-013" id="">*</a>.To figure out if your estate is insolvent, you should first figure out all of the debts that exist and compare those against your known probate assets. The most common debts people die with include:<ul id=""><li id="">Mortgages</li><li id="">Car payments</li><li id="">Child support and alimony</li><li id="">Business loans&nbsp;</li><li id="">Overdue taxes</li></ul>You should also check for any life insurance policies that may be attached to certain assets. E.g. a life insurance policy that pays off a home in the case of someone passing away earlier than expected.&nbsp;<h2 id="">Who gets paid first with an insolvent estate?</h2>The majority of estates go through probate, although there are certainly ways to <a href="/articles/how-to-avoid-probate" id="">avoid the probate process</a>. Each state has its own laws that dictate the details of probate<a href="https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=7.&title=&part=9.&chapter=2.&article=" id="">*</a>, but the priority of liens, creditors or other estate payments is typically fairly standard.&nbsp;This is the typical order an estate pays in:<ol id=""><li id=""><a href="/articles/what-expenses-can-an-executor-claim" id="">Estate expenses</a> (including court fees, executor fees, and other misc. expenses related to settling the estate)</li><li id="">Funeral expenses</li><li id="">Any national or local taxes due</li><li id="">Creditors of the estate (people who are owed money by the estate)</li><li id="">Inheritances and other payments to beneficiaries</li></ol>Keep in mind that the priority payment from an insolvent estate works like in a trickle-down format. Meaning that if the estate runs out of money after covering the estate expenses, then the government may not get as much money<a href="https://www.irs.gov/businesses/small-businesses-self-employed/deceased-taxpayers-probate-filing-estate-and-individual-returns-paying-taxes-due" id="">*</a>. And if you run out of cash after paying off estate creditors, then the heirs &amp; beneficiaries may not get any assets — regardless of what the will says.In other words, if an estate is insolvent, beneficiaries may lose some or all of their inheritance.&nbsp;For state-specific payment order advice, type “[your state] probate payment order class .gov” into Google or whatever search engine you use. That should surface the applicable probate code or probate statute in your area.&nbsp;It's also worth remembering that if some estate assets passed outside of probate, they will not be affected by this order. And again, this order can change by state, e.g. medical debt may have priority over state taxes.&nbsp;Read more: <a href="/probate/difference-between-probate-and-non-probate-assets" id="">The Complete Guide to Probate vs. Non-Probate Assets</a><h2 id="">What to know when an estate can’t pay its taxes and debts</h2>Outside of two specific situations, an executor isn’t responsible for paying an estate’s extra debts. Those two situations are:<ol id=""><li id="">You co-signed on the loan.</li><li id="">You are the surviving spouse in a <a href="/learn/real-estate-ownership" id="">community property</a> state. If you live in Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin, you may have to foot the bill<a href="https://turbotax.intuit.com/tax-tips/marriage/five-tax-tips-for-community-property-states/L4jG7cq7Z" id="">*</a>. I’d consult with a probate lawyer if you’re in this situation.&nbsp;</li></ol>Here are few other things worth knowing:<h3 id="">An insolvent estate may not have to pay all debts</h3>Filing notice to creditors is a critical part of the probate process. This is when the executor proactively contacts all known creditors (people who are owed money by the estate), and say, “Hey! It looks like this late individual owes you some money. If you want it, please file a claim with the relevant probate court.”Executors do this by posting a notice in a public newspaper and mailing/emailing relevant people and/or organizations. Once a claim is filed, the probate court will figure out who gets paid in what order<a href="https://codes.findlaw.com/al/title-43-wills-and-decedents-estates/al-code-sect-43-2-350.html" id="">*</a>. If the estate doesn’t have immediate cash on hand to pay the creditors, then the estate may be forced to liquidate (sell) certain assets like retirement accounts (e.g. an IRA), stocks, or houses.&nbsp;Here’s the kicker, though. Once a creditor is properly notified, it starts a clock known as the statute of limitations. If they don’t file a claim within the timeframe (a few months), then that debt doesn’t have to be paid.&nbsp;So while not a guarantee, it is possible the estate could get out of paying some debts.This means it is advantageous to file notice to creditors as soon as possible. 👉 For more info on how to do that now, check out our guide for <a href="/learn/probate-notice-to-creditors" id="">How to File Notice Creditors in 6 Simple Steps</a><h3 id="">When to declare an estate insolvent</h3>If the estate exhausts all cash assets they can liquidate before paying all taxes and paying off all the creditors, then the executor needs to tell (in the form of a petition) the probate court that it is insolvent. The probate court will officially declare the estate insolvent, and then the estate will have to pay out as much as possible according to the order set by the court.In a situation like this, no inheritances will be distributed because all cash and assets will be used to pay off liabilities.<h2 id="">What to do when an insolvent estate can’t pay its beneficiaries&nbsp;</h2>If you manage to pay off all the taxes and debts but realize the estate doesn’t have enough to give everyone what was appointed in the will, then things get trickier. Even if the person passed <a href="/articles/testate-vs-intestate" id="">intestate</a>, or without a will, beneficiaries can expect a certain windfall, and when those expectations aren’t met, emotions can run high.Here’s the deal: executors aren’t responsible for peoples’ inheritances. Unless you took advantage of or grossly mismanaged the estate funds, in which case a beneficiary could complain to the court, you do not have to pay anyone’s inheritance out of your own pocket.In cases where there is no money leftover after debts and taxes, then the process is simple: no one gets anything.When there is enough to cover some but not all inheritances, you just need to follow the direction of the court. The probate court will help you figure out who to pay and in what amounts, and this is often done in percentages (Louis gets 25%, Jack gets 40%, etc.)<h2 id="">Final advice for executors of insolvent estates</h2>If you’ve realized your estate is insolvent or fear it may be after looking through some numbers, start by:<ol id=""><li id="">Recognizing you likely not responsible for any debt, tax, or inheritance burdens.</li><li id="">Taking action on things like filing notice to creditors asap.&nbsp;</li><li id="">Informing beneficiaries early in the spirit of transparency.</li><li id="">Remembering that not all assets are probate assets, which means some inheritances may be distributed.</li><li id="">Really trying to get a fair market value for each asset you sell, so you can increase the likelihood of distributing an inheritance.</li></ol>That’s it for this breakdown of insolvent estates. Are you managing an insolvent estate? What experience or situations are you running into?We'd love to hear more. Let us know if you have any questions or tips by dropping us a short comment below!

Colorful collection of abstract shapes that represent the different parties who need a death certificate

Who Needs Death Certificates When Someone Dies? Exact Number to Get

One of the first things that happens after someone passes is the signing and delivery of a death certificate. But who needs them and how many should you get? Here's the answer. 

Who Needs Death Certificates? List, Exact Number, and Types to Get

The first week after someone passes away is a nonstop blur of condolences, grief, and to-dos — one of which is signing, retrieving, and distributing death certificates for any number of reasons.&nbsp;This is just one part of the process known as <a href="/terms/what-is-estate-settlement" target="_blank" id="">estate settlement</a>, which you will become closely familiar with over the following months.&nbsp;Many people and organizations, for a variety of reasons, will need to see a death certificate during <a href="/probate/what-is-probate" target="_blank" id="">probate</a>, which is a process that happens within estate settlement and is the official closing of someone’s financial life in the eyes of the state.&nbsp;If you are new to probate and still wrapping your head around it, I highly recommend reading this article for clarity on everything you’re responsible for: <a href="/probate/what-is-probate" target="_blank" id="">What is Probate? A Beginner’s Guide + Timeline</a>.<h2 id="">What’s the Difference Between a Copy and an Original Death Certificate?</h2>Before we name specifics, not everyone needs a stamped original death certificate. Many businesses and organizations can get by just fine with a copy, which is cheaper and easier to acquire.&nbsp;Technically any version of the death certificate outside of the original is a copy, but you can get stamped versions that are recognized by the state as a legal document.&nbsp;&nbsp;Photocopies and faxed documents without the stamp are a less official version and will be refused by some people.&nbsp;It’s similar to how artists release signed, certified “prints”, and then a guy on the street prints out the painting and frames it. They may look the same, but they aren’t.&nbsp;<h2 id="">When Do You Need Original (Certified) Death Certificates?</h2>The higher chance and impact of fraud, the more likely you will need an original, government-stamped death certificate as opposed to simply a copy.&nbsp;The things you will most likely need an original death certificate for include:<ol id=""><li id="">When filing federal, state, and estate taxes on behalf of the estate during probate.&nbsp;</li><li id="">When attempting to transfer or alter title of real estate, vehicles, boats, or any other property.&nbsp;</li><li id="">To acquire VA benefits such as funeral assistance and VA loans for surviving spouses.&nbsp;</li><li id="">When collecting life and health insurance payouts.&nbsp;</li><li id="">To withdraw retirement account funds including 401ks, pensions, and IRAs.&nbsp;</li><li id="">To withdraw from international or out-of-state accounts of any sort.</li><li id="">When trying to move the remains of the individual.</li><li id="">When collecting any other high-value accounts or assets including stocks or bonds.&nbsp;</li></ol>That means the people who need original death certificates include: <ul id=""><li id="">The IRS</li><li id="">The VA</li><li id="">Real estate or real property attorneys when transferring tile</li><li id="">Life insurance companies</li><li id="">Health insurance companies&nbsp;</li><li id="">Some brokers and banks as requested</li><li id="">Cemeteries or funeral homes as requested&nbsp;</li></ul>And any other time someone happens to request a certified copy.&nbsp;<h2 id="">Who Can You Give Copies of Death Certificates to Instead?</h2>Again, not everyone needs a stamped version. Here’s who you can get by giving a photocopy or fax to unless they specifically request otherwise:<ol id=""><li id="">The DMV</li><li id="">Utility companies</li><li id="">Credit card companies</li><li id="">Rentals including cars and apartments</li><li id="">The deceased’s employer</li><li id="">Their main bank</li><li id="">Cell phone providers</li><li id="">Credit bureaus&nbsp;</li></ol><h2 id="">Where Can You Get Original Death Certificates?</h2>After a death is declared, one of the first things you do is work with a licensed funeral director, coroner, and/or medical professional to officially declare a death and sign the <a href="https://www.cdc.gov/nchs/data/dvs/DEATH11-03final-acc.pdf" target="_blank" id="">U.S. Standard Certificate of Death</a>.&nbsp;Then you are usually given a certificate by the funeral home or director you’re working with.&nbsp;Since this tends to happen in hospice or a hospital, staff will be able to walk you through the process.&nbsp;If you don’t walk away with one, seek out a funeral director. A funeral director is well-versed in this world and should be able to help you get you as many copies as you need &amp; answer any questions you may have. It’s their job, after all.&nbsp;And if for whatever reason they are charging a lot to do this or point you elsewhere, you can also get them from the county vital records office (or equivalent) in the town where the <a href="/terms/what-is-a-decedent" target="_blank" id="">decedent</a> permanently resided (<a href="/probate/what-is-domicile" target="_blank" id="">domiciled</a>).&nbsp;This is usually a part of the local Department of Health, so if you’re having trouble finding the vital records office, go there.&nbsp;&nbsp;You can also google the name of the county or town where the person passed + death certificate request”.&nbsp;For example, googling “Nashville death certificate request” has the <a href="https://www.nashville.gov/departments/health/services/get-copy-death-certificate#:~:text=For%20additional%20questions%20about%20death,at%20615%2D340%2D5612." target="_blank" id="">nashville.gov vital records office</a> as the first result.&nbsp;This page has the cost, options for getting them, and all the other information you need.&nbsp;<h2 id="">How Many Original Death Certificates Should You Request?</h2>It depends on the size and complexity of the estate, but we recommend starting off by requesting around 10 original death certificates.&nbsp;Getting this many should reduce the chances of you having to go back to the vital record office and hopefully save you some time.&nbsp;For example, if you know the deceased had a <a href="/terms/estate-probate" target="_blank" id="">small estate</a>, so only a few bank accounts and things, then you can probably get by with around 8-10, but if they had multiple houses in multiple jurisdictions and a sea of assets, it’s probably smarter to get even more than 10.&nbsp;Processing requests for certificates, especially post-pandemic, can be slow — avoid requesting by mail for the fastest results. And ideally swing by the office directly to get them faster. Just call the office and ask what they recommend if you’re pressed for time.&nbsp;<h2 id="">How Much Do Original Death Certificates Cost?&nbsp;</h2>You can request as many as you want, but different states charge different amounts. The first one is generally a bit more and then the subsequent ones are cheaper.&nbsp;For example, in Texas the first one is $21, but all following ones are $4 each<a href="https://www.neptunesociety.com/ask-a-funeral-director/how-much-does-a-death-certificate-cost#:~:text=The%20cost%20of%20a%20death,be%20for%20each%20death%20certificate." target="_blank">*</a>.If you can’t find it with a simple google search, call your local probate clerk for help.&nbsp;&nbsp;For example, in <a href="https://dph.georgia.gov/ways-request-vital-record/death" target="_blank" id="">Georgia</a>, you request them from the Department of Public Health and:<ul id=""><li id="">You can request them online, by mail, or in-person&nbsp;</li><li id="">Certified death certificates are only available to “requestors having a direct and tangible interest to the <a href="/terms/what-is-a-decedent" target="_blank" id="">decedent</a>.”</li><li id="">Processing takes 8-10 weeks for all requests.&nbsp;</li></ul><h3 id="">Where to go from here&nbsp;</h3>Remember: this is just one step in what will be a sea of paperwork over the next few months. From <a href="/articles/how-long-after-someone-dies-should-you-have-the-funeral" target="_blank" id="">planning the funeral</a>, to <a href="/ultimate-guide/how-to-write-an-obituary" target="_blank" id="">writing obituaries</a>, to <a href="/probate/executor-of-estate" target="_blank" id="">finishing probate as the executor</a>, anything you can do to have on hand what you need helps. So even if it costs a bit more upfront, go ahead and get a few extra.&nbsp;That being said, know that doing all of this for a loved one is in its own way another act of final kindness and love for that person. You’re cleaning up after them, one last time. Try and find the beauty in it if you can.&nbsp;

One of the first things that happens after someone passes is the signing and delivery of a death certificate. But who needs them and how many should you get? Here's the answer.

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3 Valuable Tips for Settling a Family Member’s Estate

As a professional that has spent my 30-year career servicing the fiduciary industry, I never had to personally fulfill the capacities of Executor and Power of Attorney for a family member… until 2022 arrived.Unfortunately, I had three family members pass away within 6 months and I was responsible for settling their affairs. Although I fully understand the duties of an executor from my career spent within the fiduciary industry, you can never plan enough in advance.&nbsp; Like many things, there are always a few “lessons learned” for me that I wished I had completed sooner instead of procrastinating.One of the reasons I joined Atticus is because I am passionate to help other people navigate this process for their family.&nbsp; Our mission every day is to provide a solution to simplify the lives of executors and advisors navigating estate settlement, and to save them valuable time and money!If you are a financial or wealth advisor to client families that will be going through this, you are part of the process… And it never hurts to lend some valuable planning advice during an emotional time to help solidify you as a Trusted Advisor for your clients – especially knowing that approximately 67% of inheritors change financial advisors immediately after a death.<h2 id="">Lessons Learned</h2>As I reflect on the whirlwind of my situation personally this past year, below are 3 tips (lessons learned) that a future fiduciary (in various capacities) can plan ahead of time to result in a swifter and smoother probate process.<h3 id="">1. Create an inventory of assets and account titling</h3>It is never too early to start organizing a list of assets and liabilities for a family member in advance of them passing away. Documenting account numbers, websites, and phone numbers in a centralized place is ideal, and you will surely “thank yourself” later.Oftentimes a parent may be “slow” to unveil their assets with you, so taking advantage of opportunities as they arise will create an evolving foundation that will help you in the future.&nbsp; In addition, as a family member becomes ill, eventually there will be a time that the authorized recipients on their financial accounts should be reviewed and updated if appropriate.As my father’s health grew increasingly worse, I spoke to him about getting added to his bank accounts.&nbsp; Unfortunately, it never happened, so I was left with having to jump through a few hoops that could have been avoided.If a Trust is set up, checking to make sure the appropriate accounts are properly titled in the trust is critical.&nbsp; Another task I wish I did was sell a car that was no longer needed.&nbsp; Either gifting the car or selling in advance, can save families a few headaches in not having to deal with the department of motor vehicles.<h3 id="">2. Execute a Durable Power of Attorney (POA) before it is too late</h3>While a loved one is alive and ill, it becomes critical at some point for the POA to “step in” and either help with financial affairs or to at least watch closely from the sidelines.&nbsp; As my family members became ill over time, a few specific situations that I stepped into that helped having a POA were:<div data-rt-embed-type='true'><ul>
 <li>Introducing myself to advisors. Reviewing future cash flow and liquidity needs and reviewing beneficiary designations.</li>
 <li>Providing the necessary documentation to the life insurance companies that I could
 <ol>
  <li>act on their behalf</li>
  <li>added my name to be copied on all premium invoices (and mail in general) to make sure the policy did not lapse.</li>
  <li>I also inquired about the claims process and requested the forms in advance</li>
 </ol>
 </li>
  <li>Connecting with the long-term care insurance carrier and also the pension provider</li>
  <li>Contacting the cremation company to understand the process and if moving a family member “out of state” would change things… Which it did! </li>
</ul></div>Taking advantage of executing a POA earlier in the process can often feel like a slippery slope, but establishing this capacity and getting authorized by providers early can save you valuable time down the road (and a few less headaches).<h3 id="">3. Get some help… and err on the side of over communicating!</h3>It is important during the probate process to align yourself with advisors and resources.&nbsp;&nbsp;Every estate is different and many times an executor might not be familiar with the probate laws where someone passes away.&nbsp; In addition, some estates are complicated and require the hiring of an attorney and other specialized experts.&nbsp; In many other circumstances, estates may be easily handled with the aid of some research and helpful assistance.For example… check out the Atticus Probate and Estate Settlement SolutionIf you are an Executor and need help navigating the process or access to additional resources, be sure to check out the <a href="/for-families" id="">software platform we’ve designed to help families and their advisors</a> save time and money by navigating the probate, estate settlement and inheritance process together.&nbsp;&nbsp;<figure id="" class="w-richtext-figure-type-image w-richtext-align-fullwidth" style="max-width:675px" data-rt-type="image" data-rt-align="fullwidth" data-rt-max-width="675px"><a href="https://www.weareatticus.com/for-families" target="_blank" id=""><div id=""><img src="https://uploads-ssl.webflow.com/5e82d4fb47fbad366b68dbdc/638fdf4ce7f3168ed2c46649_atticus-probate-estate-settlement-software%401.5x.png" loading="lazy" alt="mobile and desktop screenshots of Atticus probate and estate settlement software" id="" width="auto" height="auto"></div></a></figure>Lastly, if you are serving as executor or personal representative and there are other siblings or family members named as beneficiaries, it is important to keep them in the loop, so be certain to communicate (or over-communicate) throughout the process.&nbsp; Let them know your plan and answer any questions they may have.&nbsp; Many times, proactive communication can minimize contentious situations and get everyone on the same page.<h2 id="">Wrap up</h2>There are certainly a lot of aspects to consider regarding tips and best practices through estate settlement, but I hope hearing some of my biggest learned lessons can help you save some time through the process.Either way, we’d love to hear from you— give us a shout or drop any questions in the comments below.

As a professional that has spent my 30-year career servicing the fiduciary industry, here are 3 tips (lessons learned) that a future executors can take action on ahead of time to result in a swifter and smoother probate process.

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Notary Fees by State [2023 List]

Notarizations are an important mechanism for deterring fraud, but they come at a cost. Here are the average notary fees and types by state.

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How to File a Will in 5 Short Steps

Filing a will is one of the first things people do after someone passes away. Here’s how to do it correctly.

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Do joint bank accounts get frozen after death?

Joint bank accounts are built for flexibility between people, so that means they aren’t frozen after death… right? Covering the real answer, suggestions, tips & more in this quick article. 

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