First, you need to get a legal pronouncement of death. A physician or County Coroner is authorized to pronounce death. I would not recommend calling 911 when a parent or loved one dies because the paramedics can only pronounce death in very limited circumstances and will attempt to resuscitate the deceased person unless you have a "Do Not Resuscitate" order in your hand that you give to the paramedics when they arrive.
After death is pronounced, you should arrange for transportation of the body. This is usually handled by a funeral home, but can be handled by others as well depending on your situation. For example, if the deceased donated their body to science, the institution would be responsible for transportation of the body.
If the decedent's physician or County Coroner is not the person who pronounced death, then you should notify that person of the death. You should also let close family and friends know. In this era of social media, it would be almost too easy to let everybody know through social media, but I believe that an in person or telephone notification is more appropriate. If the decedent belong to an organized religious group or fraternal organization, you should notify them as well.
There are other very practical considerations that need to be taken care of right away. The most obvious is that minor children will need to be taken care of, probably by the closest available relative, and – in this time of grief – loved. You should arrange for children of any age to see a grief counselor as well. In addition, plants and pets will need to be cared for.
You should call the decedent's employer, both to let them know about the death and to ask about any wages, unpaid vacation time, or other benefits, such as life insurance. Sometimes, a decedent will not have told you in advance of benefits that they have available through work, and that is why you need to call me employer. I would probably asked to speak to the decedent's supervisor or human resources. A fraternal organization or membership club may offer death benefits as well.
Within a few days of death, you want to make funeral, burial, cremation, celebration of life, and other arrangements. You will want to find out whether the decedent has a prepaid burial plan and Will, probably by going through the decedent's effects. Sometimes, you will find this information in the same place as the decedent's other important papers, such as the title to their house and vehicle. However, if the decedent was disorganized during his or her lifetime – and that is fine – you may need to search extensively. At some point, you will need to write the decedent's obituary. You may want to delegate this task to someone else, but I tend to think that writing an obituary is a cathartic process
You will need to get multiple certified copies of the decedent's death certificate. I would recommend getting more than you think you might need (probably at least 10, and 15 would be more appropriate for most decedents), because a lot of places – banks, retirement accounts, the DMV, etc. will require a certified copy of the death certificate. You will need more certified copies than you think, so get plenty, but remember – you can always get more.
If the decedent has property that needs to go through the probate process ("probate" is really a fancy term for getting a judge to order who is entitled to receive the decedent's property and in what proportion), you should talk to an attorney who specializes in probate. You may need to open a bank account for the estate to pay estate expenses, and consult with other professionals – perhaps a CPA, accountant, or another tax professional.
The best way to determine if you need to prorate an estate is to call a probate attorney.. To that end, I invite you to give me a call at 763-450-9494 to discuss your specific situation. Everybody who calls gets a free 5 minute mini telephone consultation.
WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation. Tim is licensed to practice law only in the state and federal courts of Minnesota, and the advice that he gives is applicable to that jurisdiction only. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C. You should always discuss your situation with an attorney before taking any action based on what you may read in this blog. To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.