Few things we have to deal with in life are more difficult than having to face the loss of a loved one. Beyond the grief accompanying the loss, we are faced with new and often bewildering legal and financial challenges. The following is a brief checklist of the procedures and steps that must be addressed at this terrible time:

1. Funeral Issues:

Quite often pre-arrangements have been made. Whether pre-arrangements have been made or not, most funeral homes will assist you with the formalities of the funeral and burial process. One issue relates to the number of death certificates to be obtained (see Death Certificates, below).

Where pre-arrangements have not been made, it is up to the next of kin or the designated Personal Representative under the deceased’s Last Will and Testament (the “Will”) to see that these arrangements are promptly made. Sometimes the deceased has written some directions or preferences regarding funeral and burial arrangements (burial versus cremation, location of cemetery plots, choices as to religious services, etc.). Sometimes the deceased is an organ donor (which may be ascertained by looking at their driver’s license or advance directives. If there is no Will, and there is a surviving spouse, he or she usually has the legal say as to funeral arrangements. If there is no Will nor a surviving spouse, next of kin of equal consanguinity (that is, blood relations of equal standing in terms of inheritance, have authority to make and carry out funeral arrangements. These are (in this order): children, parents, grandchildren, grandparents, siblings (brothers and sisters), nieces and nephews, aunts and uncles, first cousins, second cousins, and so on. If there are no pre-arrangements nor written directives of the deceased, and next of kin of equal sanguinity cannot agree upon the arrangements, resort to legal proceedings may be necessary.

Funeral expenses are a second priority claim against the estate (after estate administration expenses), and the Courts take special care to see that such expenses are paid even before taxes are paid or the heirs may receive their inheritance. Most funeral bills can be paid through credit cards or other means and, when such charges are advanced by loved ones, the estate administrator is required reimburse the loved ones for any such advances before the inheritance can be distributed to designated heirs.

2. Death Certificates:

There are two basic kinds of death certificates issued by the State of Florida. One kind (the “long-form”) sets forth the cause of death. The second kind (the “short-form”) redacts the cause of death. Generally, the long-form is only needed for claims involving  insurance. Banks, courts, brokerage firms, etc., can be provided the short form. In fact, Florida prohibits the recording of the long-form of death certificate (due to privacy issues). You can always order additional certified copies when they may be needed. In all but a few rare instances, photo-copies are not permitted. If you are unsure, you may order six initial death certificates, two with cause of death and four without. If you are aware of six life insurance policies, you would immediately order at least six long-form death certificates.

3. Handling Financial Matters:

Where there are bank or brokerage accounts in the name of the deceased and his or her spouse, or other jointly held assets, which allow either joint owner to sign checks, the death of either owner has no impact upon the survivor’s ability to pay bills and meet exigent needs. Where the next of kin or heirs at law are not the same, the Personal Representative of the estate has the legal responsibility for seeing to it that ongoing bills of the estate are paid. This may be a problem, because – among other things – it can take up a month or more to initiate estate administration, open up an estate account and transfer funds into that new account. Your lawyer should be consulted in this regard as soon as practicable, as there are means for accessing estate funds in such exigent circumstances.

Remember, however, that there are few bills which must be paid immediately, and most creditors will allow a substantial grace period for nonpayment. For example, public utilities will not shut off service, insurance companies will not cancel hazard insurance (for automobiles, real estate, etc.), condo and homeowner associations will not impose liens, and taxing authorities will usually waive penalties for late payment. You should notify credit-card companies, mortgage lenders, etc., if you will be paying late (of course explaining that the reason relates to the death of a loved one), and these creditors always allow sufficient time for you to open a formal estate administration and marshal assets to pay their bills.

4. Social Security:

The funeral home usually notifies the Social Security office as to the death of your loved one. The Social Security Administration then stops making further payments in the name of the deceased but provides a one-time death benefit of $255 to the surviving spouse. If payments of monthly Social Security benefits have been being made through direct deposits to the deceased’s bank account, the entire payment for the month in which the deceased person died will be automatically debited back to the Social Security from that account. This is the case even if the date of death was the last day of that calendar month.

Where there is a surviving spouse, and his or her Social Security  payments are less than the deceased spouse’s Social Security payments, the surviving spouse’s payments will be increased to the same level as her or her spouse’s – received in the next calendar month after death. Of course, no further payments will be received under the deceased’s account.

5. Homeowner and Automobile Insurance:

Unfortunately, Florida is currently going through a crisis with respect to liability insurance – particularly due to recent hurricanes. Several major insurance companies have even threatened to cancel all policies in the State and pull out of the homeowners insurance business in Florida. Where the insurance company learns that a homeowner has died and that the residence is now vacant and solely in the name of the deceased’s estate, many companies will not renew the insurance. Steps must be taken to deal with this issue as soon as possible, because we may be in the hurricane season (June 1 through November 30) when the policy is scheduled to end, and you do not want to leave such a substantial asset as a home or condominium uninsured.  Often times vacant property cannot be insured, or the insurance rates will be greatly increased.

As to automobiles, whoever is going to be driving the car must either have their own car insurance or have their name added to an existing policy.

6. Securing Property:

The Personal Representative is legally responsible for seeing to it that all of the deceased’s property – real and personal – is secured and protected. This may involve taking possession of certain property (such as jewelry), changing locks on doors, etc., but there are a few things that must immediately be dealt with:


Real property: In Florida, where climate-related factors exist, vacant property can be put in jeopardy if not secured and monitored. Humidity can lead to mold which can severely damage property. Hurricanes can utterly destroy property that has not been safeguarded (e.g., where hurricane protection systems such as shutters are not attended to). If the Personal Representative cannot attend to these issues, professional property managers can be engaged to see that unoccupied property is so protected.

Automobiles, boats and other vehicles: These types  vehicles too face grater risk  of loss or damage in Florida. Cars should not be left where they may be stolen or damaged. Boats must be secured and kept out of harms way.  Recreational vehicles require special safeguards to avoid being lost or damaged. Most importantly, insurance must not be allowed to lapse. The Personal Representative of the estate has the legal responsibility for seeing to it that this insurance is maintained.

7. Automatic bank payments:

Often the deceased has arranged for certain payments to be automatically debited from his or her bank account (usually a checking account) on a periodic basis (usually monthly). The Personal Representative or joint owner on said account must ascertain just what bills these payments apply to and whether they should be continued or discontinued. For example, auto-debiting for supplemental health insurance should be curtailed for a deceased person. In many cases the amount being debited should be reduced (e.g., certain other kinds of insurance).

8. Mail – Change of Address:

A Change of Address form should be delivered to the local post office of the deceased as soon as possible, providing the post office with the address of the Personal Representative of the estate. In addition, postal boxes should be checked periodically after the date of death so that mail doesn’t accumulate. Usually, the local letter carriers will be advised and will not allow mail to accumulate in postal boxes (but not always).

As each bill comes in, you should fill out the change of address form provided with that bill – even if you have already notified the post office regarding a general change of address. In other cases, contact the vendors directly to advise of the new address. You always want to confirm such changes in writing.

9. Safe Deposit Boxes:

In Florida, safe deposit boxes are not sealed upon the death of the owner, and co-owners on the box are not precluded from having access. In fact, there is a presumption that personal property (money and jewelry) belong to the co-owner on a safe deposit box. Of course, the co-owners must have a key to gain immediate access, or, if the key cannot be located, the bank will arrange to have the box “drilled.” This entails the services of a locksmith and considerable expense ($200 or more). In the absence of a co-owner, a Court order must be obtained. In such case an attorney can obtain the Court order at a special exigent type of hearing. There is additional legal for this proceeding (usually $1,000 or more). A less expensive way to obtain a Court order allowing entry into the safe deposit box is through the mail, in which case a Court appearance is not necessary and the cost is less than $500.

Even after obtaining the Court order, a bank officer must be present and must supervise (and closely monitor) the entry into the box and must then prepare an inventory of the contents of the box which must be filed with the Court. Nothing can be removed from the box except a Will and Codicil, life insurance policies, and the Will and Codicil must be immediately filed with the Probate Court.  A separate Court order is required to remove anything else from the box.

10. Who must be notified of the death:

Only persons having an interest in the estate of the deceased must be notified. Such persons always include the surviving spouse, minor children (through their legal guardian), and the putative Personal Representative. Beyond that select group, no other persons must be immediately notified. During the course of an estate administration, other persons, classes of persons, and certain business and governmental entities must be provided formal notice of estate administration as well as other documents. All of these persons and entities, however, can wait until estate administration is formally opened up, which can often take weeks or even months after death. The Will, Trust and other legal instruments dictate the identities of these persons and entities.

11. Dealing with Loneliness:

The single biggest problem to be dealt with – after the shock and immediate  grief begins to pass – is the loneliness that accompanies the loss. This is particularly true for surviving spouses and is one of the reasons that the mortality rate for surviving spouses is very high, especially in the first year following the death of a spouse.

As a result there is a vital need for frequent and close contact between the bereaved and his or her loved ones – especially children. It is not a good idea to allow the surviving spouse to remain at home alone or for long periods of time. This solitude  can be as devastating as the loss itself. There is nothing wrong with providing grief counseling and grief management services through professional advisors and appropriately-trained members of the clergy.

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The foregoing topics and suggested ways of coping with the loss of a loved one are not intended to encompass every circumstance and concern. Attorneys who routinely handle estate administration can and should be consulted as soon as you have suffered the loss and feel strong enough to deal with these issues. Often some other relative or close family friend can make the contact for grieving relatives or friends.

One thing you should glean from this essay is that it is wise to do pre-planning. Death being an inevitability, pre-planning makes extremely good sense. To pre-plan you need about one hour with an appropriate professional who cam provide planning advice and a planning checklist to be reviewed. Besides your attorney, the funeral home can and will provide such pre-planning advice.

Elder law attorneys routinely provide pre-planning advice and counsel, and a short consultation with such an attorney may be the surest way to avoid some of the anxiety and confusion (and potential mistakes) that often accompanies the loss of a loved one.