A Checklist for After the Funeral
The information in this column is not intended as legal advice but to provide a general understanding of the law. Any readers with a legal problem, including those whose questions are addressed here, should consult an attorney for advice on their particular circumstances.
Last week, I provided some basic information about what you should do when someone dies. This week, I want to provide a list of what you should pull together after the funeral. When you are dealing with grief and everything surrounding a funeral or celebration of life, it can feel overwhelming. This is meant to be a simple checklist to help you stay focused.
First, it should go without saying—send thank you notes.
Gather Important Records
- Death Certificate (can be provided to probate attorney after initial meeting)
- Social Security Card
- Driver’s License
- Marriage Certificate
- Birth Certificate
- Birth Certificates of Children
- Insurance Policies
- Business Documents and Agreements (consider if the business had a succession plan, separate from probate)
- Auto Titles and Registration
- Deeds and Titles to Property
- Bank Account Information
- Bank Safe Deposit Box Information (who has access and where is the key)
- Financial Account Information (stocks and bonds)
- Retirement Account Statements
- Tax Returns (last three years)
- Consider tax filing deadlines for the current year
- Loan Documents and Debt Information
- VA Information (discharge papers and VA claim number)
- Digital Account Information (accounts and passwords)
- Intellectual Property Information
- Social Media Account Information (access and legacy settings)
- Estate Planning Documents (note: powers of attorney end upon death)
It is also important to determine if any of these assets have beneficiary designations.
Locate the Will
There is no requirement to file a will before death. If you cannot find the original, check with the attorney who prepared it. Other places to look include:
- Safe deposit boxes
- Home safes or gun safes
- Safe rooms
- Fireproof boxes
- Even the freezer
Many attorneys use blue ink to help identify original documents, and originals often have colored covers.
You can also check with CPAs, financial advisors, or insurance agents. In some cases, a copy of a will may still be admitted to probate. Some companies also offer digital vault storage for important documents.
Review the Will or Trust
Read it carefully.
In Texas, a valid will must:
- Be signed by the person making the will
- Be witnessed by two individuals over the age of 14
Do not assume a will is valid or invalid—have an attorney review it.
Texas also recognizes holographic wills, which must be entirely handwritten and signed by the person making the will.
Keep the original will safe. Your probate attorney will need it at your initial meeting. In Texas, you cannot represent yourself in probate.
Keep Beneficiaries Informed
Texas does not require a formal reading of the will, but beneficiaries must receive a copy. Your probate attorney will handle this and other legal requirements.
Final Reminder
Every state has different laws and tax systems. Work with an attorney to determine the best path for estate administration. It can save time and money.
Sam A. Moak is an attorney with the Huntsville law firm of Moak & Moak, P.C. He is licensed to practice in all fields of law by the Supreme Court of Texas, is a Member of the State Bar College, and a member of the Real Estate, Probate and Trust Law Section of the State Bar of Texas.
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