If someone you love has just died, you do not need to solve everything today. Almost nothing on the legal and financial side has to happen in the first hours, and much of it can wait days or even weeks. This checklist walks through what actually needs attention first, what can wait, and where to go for help — organized by roughly how soon each task matters.
The first hours
Getting the death pronounced
What happens right away depends on where the death occurred:
At home, with hospice care: Call the hospice provider first. A hospice nurse can pronounce the death and will typically coordinate with a funeral home directly — you usually do not need to call 911.
At home, without hospice, and the death was expected: Call the person's doctor or hospice line if one is available. If not, you may need to call 911; policies on whether police or EMS respond vary locally.
At home or in public, and the death was unexpected or unattended: Call 911. Emergency responders will likely notify the medical examiner or coroner, whose office may need to investigate before the body can be released to a funeral home. This is routine in unexpected deaths and does not necessarily mean anything is suspected.
In a hospital or nursing facility: Staff will pronounce the death and typically ask who to call as next of kin and which funeral home to contact. You generally do not need to do anything else in the first hour.
Who gets to decide about the funeral and remains
Someone has to have legal authority to decide about burial, cremation, and funeral arrangements, and that authority is set by state law. Most states set a priority order — typically starting with a surviving spouse, then adult children, then parents, then more distant relatives — but the exact order, and whether a person can name someone else in writing to have this authority, varies by state. Some states let a person designate an agent for disposition decisions in writing during their lifetime, and in some states the will itself can state a preference. If there is any disagreement in the family about who decides, the funeral home can usually explain what your state requires, or you can ask the probate court in your county.
The first few days
Order certified copies of the death certificate
You will need several certified (not photocopied) death certificates to close accounts, file insurance claims, and handle the estate. The funeral home usually helps order the first batch on your behalf; after that, certified copies come from the state or county vital records office in the state where the death occurred. It is worth ordering more than you think you need — many institutions want an original, not a copy — but there is no single "right" number, and any fee charged per copy varies by state and county, so ask the vital records office directly.
Secure the person's home and property
If the person lived alone, try to fairly quickly:
Lock the home and make sure someone is checking on it periodically.
Arrange for pets to be fed and cared for, or moved to a family member's home or a shelter temporarily.
Have mail held or forwarded, and keep an eye out for bills, which will keep arriving.
Move any vehicles somewhere safe, and keep the keys with a responsible family member.
Note the alarm code, and check that homeowners or renters insurance is still active — some policies limit coverage on a vacant home after a period of time.
Do not start giving away, selling, or distributing the person's belongings yet, even small items, until someone has legal authority to act for the estate. It can create real conflict later, even when everyone's intentions are good.
Look for the will and key documents
Search the home, a safe deposit box, or the person's attorney's office for a will, any trust documents, insurance policies, deeds, and account statements. If you find a will, do not assume you already know what to do with it — many states require the person holding a deceased person's will to file or deposit it with the local probate court within a set window of time, even if no probate case is opened right away. That deadline and process vary by state, so check with your county probate court (often called surrogate's court or orphans' court in some states) about local requirements.
The first couple of weeks
Report the death to Social Security
If the person received Social Security benefits, the funeral home will often report the death to the Social Security Administration as part of making arrangements. If that does not happen, you or a family member can call the SSA directly — Social Security cannot process a death report or benefit claim online.
This part matters: Social Security benefits are not payable for the month a person dies, even if the payment already showed up in their bank account for that month. If a payment for the month of death (or later) is deposited, it is usually reversed or must be returned — so avoid spending it. A surviving spouse or dependent children may be eligible for their own survivor benefits, and in some cases a small one-time death payment is available — see ssa.gov for current details and how to apply.
Notify banks, insurers, and other institutions
Once you have a few certified death certificates, begin notifying:
Banks and credit unions where the person held accounts
Life insurance companies (ask about how to start a claim)
The person's employer, about a final paycheck, unused vacation pay, and any life insurance or retirement plan through work
Pension administrators, if applicable
The Department of Veterans Affairs, if the person was a veteran, since survivors may be eligible for burial or other benefits
Health insurers and Medicare
It's also a good idea to notify the three major credit bureaus so they can place a "deceased — do not issue credit" flag on the person's credit file. This helps prevent identity theft targeting the deceased, which is unfortunately common. The Consumer Financial Protection Bureau has plain-language guidance on this and on handling debts after death generally.
What not to do
Don't use the deceased person's debit or credit card for anything, including funeral costs, even if you have the PIN and even with the best intentions — using it after death can raise legal and fraud concerns, and the account may be frozen once the bank learns of the death anyway.
Don't assume family members personally have to pay the deceased's debts. Generally, a person's own debts are paid out of their estate, not a family member's pocket — being someone's spouse, child, or even the executor doesn't by itself make you personally liable. Exceptions exist, including if you co-signed a loan, held a joint credit account, or live in a community property state. If a collector claims you owe something, ask them to explain exactly why before paying.
Don't assume a power of attorney still works. A power of attorney ends automatically the moment the person dies — the agent's authority does not carry over to managing the estate afterward. Someone will need separate legal authority, often through the probate process, to act on the estate's behalf going forward.
When probate and the legal process actually start
Not every estate needs a full court process. Depending on how the person's property was titled, what it's worth, and your state's rules, the estate might qualify for a small-estate affidavit or another shortcut, or it might need a formal probate case where a court appoints someone (often confirmed by letters testamentary or letters of administration) to act on the estate's behalf. Whether probate is required at all, what qualifies as a "small estate," and how long you have to get started all vary by state — there's no national threshold or deadline. Your county probate court's self-help center or clerk's office can usually explain what applies locally, often without needing to hire anyone just to ask.
Take it one step at a time
It's normal to feel like everything is urgent right now. Most of this can be spread over days and weeks, and some of it — like opening probate — genuinely can wait. Lean on the funeral home, the vital records office, and your county probate court's self-help resources; they field these questions every day.
This article is general information, not legal advice. Rules on funeral decision authority, death certificates, will deposit deadlines, and probate vary by state and county — check with your local probate court or vital records office for what applies to you.
Frequently asked questions
Who has the legal right to make funeral and burial decisions?
It depends on your state. Most states set a priority order (often starting with a surviving spouse, then adult children, then parents), but some allow a written designation made in advance or give weight to instructions in a will. Check with the funeral home or your state's law if there's disagreement in the family.
How many certified copies of the death certificate do I need?
There's no fixed number — it depends on how many accounts, policies, and institutions you'll need to contact, and many require an original certified copy rather than a photocopy. Order more than you think you'll need from your state or county vital records office; per-copy fees vary by location.
Do I have to notify Social Security myself?
Often the funeral home reports the death for you. If not, you or a family member can call the Social Security Administration directly — death reports and survivor benefit claims can't be filed online.
Can I use a power of attorney to manage the estate after death?
No. A power of attorney automatically ends when the person dies. Someone will need separate authority — often granted through the probate process — to act for the estate.
Am I responsible for paying my deceased relative's debts?
Generally no. Debts are typically paid out of the estate's assets, not by family members personally, unless you co-signed the debt, held a joint account, or live in a state with rules that make spouses responsible for certain shared debts. The Consumer Financial Protection Bureau has more detail on when exceptions apply.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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