What to Do When a Loved One First Passes Away in Florida
It is never easy to live through the loss of a loved one. In the midst of that grief, it is an unfortunate reality that many urgent responsibilities arise after someone passes away. It is not uncommon for a grieving family to suddenly have to navigate a loved one’s legal and financial matters.
It is understandable why some may want to put off dealing with these immediate responsibilities, it is important to take quick action. We understand it is overwhelming. This general checklist can help you begin to understand an outline of the tasks to be completed ahead. For nuanced, specific advice contact one of our experienced wills & probate attorneys at Suncoast Civil Law. It cannot be over-stated how important it is to take the necessary steps as correctly and timely as possible. Our experience can help your mind rest a little easier.
Steps After a Loved One Passes
A general checklist of the steps you should take after a loved one passes away might read something like the below:
- Gather Financial and Legal Documents: It is imperative that you take action to ensure that your loved one’s last wishes are honored. This might include such important and timely matters as stating their wishes as to their final disposition. If your loved one had built an estate plan, wishes regarding burial, cremation, and other final wishes can typically be found detailed in their Last Will and Testament.
- Deposit the Original Will: If your loved one executed a Last Will and Testament prior to passing away it is important that you find it. In addition to the reasons set forth above, it is also important to know that Florida law requires that the person holding the original Last Will and Testament must deposit the document. This must be done with the Clerk of Court in the county where the decedent resided within ten (10) days of the testator’s death.
- Obtain the Death Certificate: A death certificate is needed for multiple legal purposes. This must be obtained before probating an estate, closing out social security, life insurance claims, retirement benefits, etc. The funeral director, hospital, or Florida’s Department of Health can help obtain your loved one’s death certificate. assist you in obtaining your loved one’s death certificate. It is advised that you have around eight (8) copies of the certificate, and be mindful of the type of death certificate that you obtain. You will need to provide a death certificate to many different institutions and they may require different versions of the form. If you have questions, a wills & probate attorney from Suncoast Civil Law can assist you.
- Identify and Locate Assets and Liabilities: Inventory your loved one’s estate. This includes listing all real estate holdings and personal property. This might include homes, cars, cash, investment accounts, collections, etc. If the estate must go through probate, then this inventory might also be used to assist in that process. Probate is the court-supervised process required to ensure that a Last Will and Testament is valid, and that the estate is administered in accordance with the terms of the Last Will and Testament. There are certain circumstances where items might skip the probate process. An experienced wills & probate attorney can help guide you through the nuances you need to know.
Contact Suncoast Civil Law
The Sarasota wills & probate attorneys at Suncoast Civil Law understand how to navigate through the sometimes-tempestuous world of probate. Contact our office to begin speaking with our team.
Sources:
floridahealth.gov/certificates/certificates/death/index.html
flsenate.gov/Laws/Statutes/2020/732.901