Losing a loved one is one of life’s most difficult experiences. The grief and emotional upheaval can feel overwhelming, making it challenging to focus on the practical tasks that need to be done. As probate attorneys who have guided countless families through this process, we understand how confusing and stressful it can be.
To help make an incredibly hard time a bit more manageable, we’ve created a comprehensive checklist of the key steps to take when a loved one passes away in North Carolina.
When a death occurs, the very first steps depend on the circumstances and location. If your loved one died at home unexpectedly, you should call 911 immediately to report the death. The responding officer or medical personnel will assess the situation and determine the appropriate next steps, which may include contacting the medical examiner.
If the death was expected and happened at home under hospice care, you should notify the hospice nurse, who can officially pronounce the death and help with arrangements for the deceased’s body. If your loved one passed away in a hospital or nursing home, the staff will handle the pronouncement of death and contact the funeral home you’ve chosen.
In the first few hours, you’ll also want to notify close family members and friends. If possible, delegate some of these calls to others to reduce the burden on yourself. It’s also a good idea to arrange for someone to take care of any pets or secure your loved one’s home and vehicles in the short term.
One of the most critical documents you’ll need in the coming weeks is your loved one’s death certificate. In North Carolina, death certificates are filed with the local register of deeds in the county where the death occurred. Usually, the funeral director will order certified copies on your behalf when you make arrangements for your loved one’s body.
We recommend obtaining 5-10 certified copies, as many organizations will require an original rather than a photocopy. Some institutions, like banks and insurance companies, may need a “long-form” death certificate that includes the cause of death. Certified copies typically cost $10 each in North Carolina.
You’ll need certified death certificates for a variety of legal and financial purposes, including:
Having ample certified death certificates on hand will help avoid delays as you work through the subsequent steps.
The next task is to inform various entities of your loved one’s passing so benefits can be stopped or claimed, accounts can be closed, and assets can be transferred to the appropriate beneficiaries. The specific institutions you need to contact will depend on your loved one’s unique circumstances but may include:
Government Agencies:
Financial Institutions:
For financial accounts, you’ll need to provide a certified death certificate and proof that you have the authority to act on behalf of the deceased, such as letters of testamentary from the probate court appointing you as executor or administrator. Some assets, like life insurance policies and retirement accounts, may pass directly to named beneficiaries outside of probate.
In addition to government and financial institutions, you’ll need to cancel or update accounts with various service providers and subscriptions, such as:
Closing these accounts can help avoid unnecessary charges and prevent identity theft. For social media and other digital accounts, refer to your loved one’s estate plan to determine whether any special instructions were left regarding their online presence.
As the person handling the deceased’s affairs, it’s crucial to safeguard their assets until they can be properly inventoried and distributed. If your loved one left a will or trust, locate the original documents as soon as possible. These instruments should nominate an executor (in the case of a will) or a successor trustee (in the case of a trust) to manage the estate or trust assets, respectively.
Other key steps to preserve the estate include:
Creating a thorough inventory of the assets is essential for the probate process and can help you identify which assets may need to be appraised or liquidated to settle the estate.
Disclaimer: Before proceeding with any probate steps, it’s crucial to determine whether probate is necessary for your specific situation. Our attorneys at Johnson Legal can help you make this determination.
With the preparatory steps completed, it’s time to initiate the formal process of settling your loved one’s estate. In North Carolina, this involves probating the will and opening an estate administration case with the clerk of the superior court in the county where the deceased resided.
As a first step, we highly recommend engaging an experienced estate administration attorney to guide you through the process and ensure all legal requirements are met. Your attorney can help you:
Throughout the probate process, which typically takes six months to a year in North Carolina, the executor or administrator must abide by strict deadlines, provide notice to creditors and beneficiaries, and file periodic inventories and accountings with the court. Mistakes, even unintentional ones, can lead to personal liability for the executor.
We know this is a lot to handle while you’re grieving, which is why our compassionate team is here to lift the legal burdens from your shoulders. At Johnson Legal, we combine decades of experience with a personalized approach to help you honor your loved one’s legacy and ensure their final wishes are carried out.
If you’ve recently lost someone close to you, please don’t hesitate to contact us for guidance. Whether you need help probating a will, administering a trust, or navigating the many steps after a death, we’re here to provide the support and expertise you need during this difficult time. Together, we can create a plan to settle your loved one’s affairs and find the peace of mind you deserve.
Shane T. Johnson is the CEO and Managing Partner of Johnson Legal, an estate planning and business law firm in Wilmington, NC. With years of experience in estate and business law, he has zealously represented clients in various legal matters, including small business formation and purchasing, estate planning, probate, domestic violence, and other legal cases.
Shane received his Juris Doctor from the University of Wyoming and is a member of the North Carolina Bar Association. He has received numerous accolades for her work, including being named among the Best Probate Lawyers in Wilmington by Expertise.com.
