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Estate and Personal Affairs
When my dad passed away I didn’t know where to start. He owned a house, ran his own business, and had a checking account that I was now responsible for. Additionally there were monthly bills coming to the house, as well as an open loan that I discovered he had still been in the process of paying off.

The stress and confusion of dealing with these items only compounded on the shock and grief that are to be expected when dealing with the death of a parent.

From initial research I determined that my first priority was to find out if he had a will or a trust, as this would provide me with valuable legal authority to begin managing items on behalf of his estate. I spent hours looking through files and realized that he unfortunately had neither.

Ultimately I was connected to an estate attorney who I worked with to navigate the many legal complications involved with taking over responsibility for my dad’s estate.

The information in this section is intended to help organize the considerations and learnings that I had from going through this process.

===== Initial Steps to take after a Parent's Passing =====

=== 1. Notify Family and Friends ===

=== 2. Obtain a Death Certificate ===

A hospital or nursing facility will most likely help coordinate the death certificate, but if not here is a helpful resource: [[https://getcarefull.com/articles/how-to-get-a-death-certificate|How to get a death certificate in the US, by state]]

It is normally necessary to request several copies, as a death certificate will be required by many institutions that you will need to work with, such as banks, utilities, etc.

=== 3. Determine if your parent had a Trust or Will ===

This will allow you to initiate the probate process - What is Probate

If your parent had a trust, you won’t have to go through probate. Contact an estate attorney to discuss what steps to take.

If your parent had a will, it will spell out who gets what and will name an executor to oversee distribution of assets. You will need to file the will with the probate court in your parent’s city to begin probate, the legal process of distributing assets and settling debts after death

If your parent died without a trust or a will, the court will decide how your parent’s assets are distributed based on state laws. Either way, if you will be handling your parent’s estate, you need to get "letters of administration" (or "representation", or "testamentary") from the probate court to access any financial accounts that you weren’t a joint owner of with your parent. (You’ll be allowed to access joint accounts without going through the probate process).

=== 4. Find An Estate Attorney (optional but recommended) ===

An Estate Attorney will help you navigate the probate process, which is often complicated and includes court filings and court appearances

Estate attorneys are generally paid at the end of the probate process from the estate. For more information please see – Can I afford an Estate Attorney
Link – Find an Estate Attorney

=== 5. Notify Financial Institutions ===

You will need to contact your parent’s bank, pension provider, credit card companies, loan providers and any other financial institutions to notify them of your parent’s death.

Each institution will have its own process and will walk you through the next steps

Having physical and digital copies of the death certificate will be necessary

=== 6. Cancel Unnecessary Utilities And Services ===

Do your best to collect and organize your parent’s mail to get a sense of all services for which they are receiving bills.
 
It may be necessary to continue paying certain bills for the house (electricity, gas, water and homeowners insurance) if you are still in the process of cleaning out the house.

For any services or utilities that are not vital it is recommended to cancel them to avoid making additional payments. Services to consider include:
  * Auto insurance
  * Cell phone service
  * Cable & Internet
  * Newspaper and magazine subscriptions
  * Prescription drug deliveries
  * Social Media 
      * Consider deactivating your parent’s email and social media accounts to prevent identity theft. Some social media sites such as Facebook [[https://www.facebook.com/help/103897939701143/|allow an account to be memorialized]] so that friends and family can share memories about the person who has died.

=== 7. File A Tax Return ===

A final tax return will need to be filed on behalf of your parent to cover any taxes that are owed.

[[https://www.irs.gov/pub/irs-pdf/p559.pdf|IRS Publication 559]] has details on filing a return on behalf of someone who has died. A penalty from the IRS will be incurred if this does not happen.

Do not close your parent’s bank account or an estate account that might be set up after your parent’s death until you’ve filed a final tax return so you can deposit any refunds owed to your parent.

An estate attorney or accountant is recommended to assist with this process

----

===== FAQs =====

===What is Probate?===

Probate is the legal process for reviewing the assets of a deceased person and determining inheritors. Assets can include bank accounts, real estate and financial investments.

When a deceased person's estate goes through the probate process, their assets are reviewed by a probate court. This court provides the final ruling on the division and distribution of assets to beneficiaries.

===Can I afford an Estate Attorney?===

The Attorney will generally be paid from the estate’s funds, so make sure there are enough assets to cover the expense before you hire an attorney.

In some states, payment is capped at a percentage of the estate’s value, while in others the attorneys are simply paid by the hour, plus fees, without a cap.

An estate with few complications can expect to legal costs between $3,500 and $7,000, but estates with more issues are costlier to resolve.Common issues that can add to your probate lawyer’s workload include: questions over the will, estates with a large number of heirs, and any disputes that lead to additional court dates.

===What is the difference between a Trust and a Will===

Trusts and Wills are both estate planning tools, but they serve different purposes and operate in different ways:

* **Wills**: A will goes into effect only after you die, and it must go through the probate process, during which a court oversees the distribution of assets and ensures that your wishes are carried out. A will is a legal document that outlines your wishes regarding the distribution of your assets after you pass away. It allows individuals to designate beneficiaries of their property, name guardians for minor children, and appoint an executor to carry out their wishes.

* **Trusts**: A major benefit of a trust is that it allows the estate to avoid going through the costly probate process. It also can be in effect prior to someone’s death, unlike a will. A trust is a legal arrangement in which a trustee holds and manages assets on behalf of beneficiaries according to the terms specified in the trust document. The advantage of a trust is that it will allow an estate to bypass the probate process. Trusts can be used to manage assets, avoid probate, minimize estate taxes, provide for beneficiaries with special needs, and control the distribution of assets over time.

===What if my parent was in debt at the time of their passing?===
If your parent dies with debt, the debts will be settled during the probate process. Any assets or property your parent had will be used to pay off debts before any money can be passed on to heirs. Learn more about what to do if your parent dies with debt.

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