The first month after someone dies is the most legally sensitive. Miss a deadline or creditor notice and you may face personal liability. Here's what needs to happen first.
The weeks immediately following a death are the most legally consequential in estate administration. Assets can go missing, creditors have notice requirements, tax elections have deadlines, and financial accounts can be frozen. The following checklist covers the critical first 30 days.
1. Secure the original will. Locate and safeguard the original will. Don't just work from a copy — many courts require the original for probate. Check obvious places: home safe, filing cabinet, safe deposit box, attorney's office.
2. Secure the home and valuables. If the decedent lived alone, secure the property. Collect jewelry, cash, and small valuables. Change the locks if multiple people have keys. Document everything with photos or video before moving anything.
3. Obtain death certificates. Order at least 10–15 certified copies. You'll need them for banks, financial institutions, insurance companies, government agencies, and the court.
4. Notify Social Security. Social Security must be notified of the death and will stop benefit payments. Any payment made for the month of death must be returned.
5. Locate and review financial accounts. Gather statements for all bank accounts, investment accounts, retirement accounts, and insurance policies. Note which accounts have beneficiary designations (these pass outside of probate).
6. Consult an estate attorney. Even if you plan to handle most of the administration yourself, a one-hour consultation with an estate attorney will help you understand your state's specific requirements, deadlines, and court procedures.
7. File for probate (or determine it's not needed). Some assets pass outside probate (jointly owned property, accounts with beneficiary designations, small estates below the state threshold). Determine whether a full probate proceeding is required.
8. Apply for an EIN. Get a federal employer identification number (EIN) for the estate at IRS.gov. This takes about 15 minutes online and is required to open an estate bank account and file estate tax returns.
9. Open an estate bank account. All estate funds — proceeds from asset sales, incoming dividends, refund checks — must flow through a dedicated estate account. Never mix estate funds with personal funds.
10. Begin the asset inventory. Document everything: real property, vehicles, bank accounts, investments, personal property, digital assets, business interests. You'll need this for the probate court and for tax purposes.
11. Notify known creditors. Send written notice to known creditors. Many states also require a published notice in a local newspaper. Keep records of all notifications sent.
12. Redirect mail. Set up mail forwarding so you receive bills, financial statements, and legal notices. Missing a bill or renewal notice during estate administration can create complications.
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