During a time of grief, it can be difficult to function. If you are a surviving spouse, partner, child or named Executor and have the authority and duty to act, you may find this information helpful. It can be printed and used as a checklist.

IMMEDIATELY:

____Locate the decedent's Will and Powers of Attorney, if any exist. Read them to see if there are any wishes expressed about burial, cremation or funeral arrangements.

____Locate life insurance policies, if any.

____Make arrangements for care of decedent's pets.

____Make funeral arrangements (The funeral service will generally assist you with the following:

  • Decide on burial or cremation, type of funeral service
  • Decide on obituaries: Local newspaper, hometown newspaper, professional, societies or trade journal.
  • Discuss any burial benefits decedent may have, including those for service in the armed forces.
  • Obtain Death certificates
  • Notify Social Security Administration
  • Gather documents which show payment of funeral expenses.

AS SOON AS POSSIBLE:

_____Make arrangements for care of decedent's property and for mail pickup.

_____Have legal consultation:

  • Bring will, if any exists
  • Bring copy of death certificate
  • Discuss generalities of decedent's family situation, heirs, assets and liabilities.
  • Get advice on payment of pending bills, dealing with banks or creditors
  • Bring contact information or names of heirs or potential heirs, if any.
  • Discuss pension plans and life insurance the decedent had

_____Begin gathering list of property owned and how it is titled

_____Gather list of debts, including medical debts and funeral expenses.

Additional Information:

If the decedent put his/her will in a safe deposit box you may need a court order to open it (unless you have been authorized by the decedent)

If you are going to have to file an action in probate court, you should file within 4 years of the date of death.

CAUTION!! There are certain legal requirements under Texas law which relate to notification of heirs and potential heirs, and notification of creditors. There are also laws relating to how a Decedent's estate is handled and persons who accept the responsibility of caring for the assets and debts in an estate can be held liable for wasting or mismanagement of assets.

It is always advisable to know the laws pertaining to your situation so that you can avoid problems and handle your loved one's estate efficiently.