In This Article
Losing a loved one is overwhelming. In the days and weeks that follow, you will face decisions that feel urgent even when they are not. This guide lays out what needs to happen, what can wait, and when to get help.
KEY TAKEAWAYS
- Not everything is urgent. Focus on the immediate necessities first.
- Do not distribute any assets or close accounts without legal guidance.
- A probate attorney can handle the legal process so you can focus on your family.
- If there is a will, do not alter, destroy, or discard it.
The First 24-48 Hours
These are the immediate practical steps. Legal and financial matters can wait.
Obtain a legal pronouncement of death. If the death occurs at home, call 911. If it occurs in a hospital or hospice facility, staff will handle this. A physician must certify the cause of death.
Contact a funeral home. The funeral home will arrange transportation and guide you through burial or cremation decisions. They will also help you order certified copies of the death certificate, which you will need for nearly every legal and financial step that follows. Order at least 10 certified copies.
Notify immediate family and close friends. This can wait a day if you need it to. There is no legal deadline.
Secure the home and personal property. If the deceased lived alone, make sure the home is locked and that pets are cared for. Do not remove personal property or valuables.
The First One to Two Weeks
Locate the will and important documents. Check the deceased’s home, safe deposit box, and files for a will, trust documents, life insurance policies, deeds, financial account statements, and tax returns. If the deceased had an attorney, contact them.
Notify the deceased’s employer, if applicable. Ask about any final paycheck, benefits, life insurance, or retirement accounts.
Contact Social Security at 1-800-772-1213 to report the death. The funeral home may do this on your behalf.
Notify banks and financial institutions. Alert them to the death, but do not close accounts or change ownership until you have legal authority to do so. Joint account holders can generally continue to access joint accounts.
Contact life insurance companies. File claims as soon as possible. Life insurance proceeds generally pass outside of probate and can be collected relatively quickly with a death certificate and claim form.
When You Need a Probate Attorney
You should consult a probate attorney when:
- The deceased owned real property (a house, condo, or land) in their name alone
- There are significant financial accounts titled in the deceased’s name alone
- The will needs to be filed with Surrogate’s Court
- There is no will and you need to determine who inherits under New York’s intestacy laws
- Family members disagree about the will or the distribution of assets
- The estate may owe New York estate tax (estates over $7,350,000 in 2026)
- The deceased had debts and you are unsure whether the estate is responsible
A probate attorney handles the court filings, creditor notifications, tax returns, and asset distribution so that you can focus on your family. For a full overview of the process, see our Probate in Westchester County guide.
What Can Wait
Not everything needs to happen immediately. These steps are important but are not time-sensitive in the first few weeks:
- Filing the will with Surrogate’s Court (must be filed within a reasonable time, but a few weeks is fine)
- Changing the title on vehicles or real property
- Filing the deceased’s final income tax return (due April 15 of the following year)
- Distributing personal property and household items
- Closing social media accounts
Common Mistakes to Avoid
Do not distribute assets before the estate is settled. An executor has a legal obligation to pay debts and taxes before distributing to beneficiaries. Premature distributions can create personal liability.
Do not throw away mail. The deceased may receive bills, account statements, or legal notices that the executor will need.
Do not sign anything you do not understand. If a financial institution, insurance company, or anyone else asks you to sign documents, review them carefully or have an attorney review them first.
Do not ignore tax obligations. The estate may need to file a final personal income tax return and, if the estate is large enough, a New York estate tax return (due nine months after death).
Getting Help
If you have lost a loved one and need help with the legal steps ahead, we can walk you through the process in Westchester County Surrogate’s Court.
Have questions about probate or estate administration? We can help.
Speak with a Westchester Estate Planning Attorney
Questions about estate planning, probate, or Surrogate's Court in Westchester County? We can help.
Schedule a Consultation