What To Do Immediately After the Passing of a Loved One in Pennsylvania: A Legal Guide

The passing of a loved one is an emotionally overwhelming time, and while grieving, it is easy to feel unsure about the legal steps that need to be taken. In Pennsylvania, there are certain procedures and responsibilities that must be addressed after a death and knowing where to start can help make this difficult process a bit easier. Below is a guide to the initial steps you should take following the death of a loved one.

1. Obtain the Death Certificate

One of the first legal tasks is obtaining a certified death certificate, which is required for many subsequent steps, such as probate, life insurance claims, and closing accounts. In Pennsylvania, the funeral home you work with will typically help facilitate this. You should request multiple certified copies, as they will be needed for various institutions.

2. Notify Key Parties

Start by informing close family members and friends about the passing. It’s also important to notify specific organizations and entities that may need to know immediately:

• Employer: Inform the deceased’s employer (if applicable) to discuss unpaid wages, benefits, or life insurance.
• Social Security: If your loved one was receiving Social Security benefits, the Social Security Administration must be notified to stop payments. Some funeral homes will assist with this step.
• Life Insurance Companies: If the deceased had life insurance, notify the insurer to begin the claims process.

3. Secure the Deceased’s Property

Make sure to secure your loved one’s home, car, and other property. If the deceased lived alone, you may want to change locks, or make arrangements for pets, plants, and home maintenance until matters can be properly sorted out through the estate.

4. Locate Important Documents

You will need to gather essential documents that will be necessary to handle the estate. These may include:

• The deceased’s Will (if they had one).
• Deeds to real property.
• Titles to vehicles.
• Bank account information.
• Retirement accounts or investment portfolios.
• Insurance policies (life, health, and others).
• Any debt documents such as mortgages, credit card statements, or loans.

If you are unable to locate the Will, check if it is registered with the attorney’s office that is believed to have drafted the Will. In some cases, you may need to access a safety deposit box, which requires specific legal steps.

5. Initiate the Probate Process

If your loved one left a Will, it would need to go through the probate process in Pennsylvania – assuming there are assets contained in the estate that are titled only to the decedent. Probate is the court-supervised process for distributing the deceased’s assets, paying off debts, and settling the estate.

To start probate, you must file the Will with the Register of Wills in the county where the deceased resided. If the deceased did not have a Will, the estate will be settled according to Pennsylvania’s intestacy laws, which dictate how assets are distributed to heirs.

The court will appoint an executor (if named in the Will) or an administrator (if no Will exists) to manage the estate. The executor/administrator is responsible for ensuring that the deceased’s assets are properly distributed, debts are paid, and legal requirements are met.

6. Assess and Pay Immediate Expenses

Some expenses may need to be addressed immediately after the passing of a loved one, such as funeral costs, medical bills, or final expenses related to their care. Pennsylvania law allows certain expenses to be paid from the estate’s assets. In some cases, financial institutions will release funds to cover funeral costs before probate is complete.

If there are concerns about covering funeral expenses, check if the deceased had a pre-paid funeral plan or if life insurance can be used to cover costs.

7. Notify Creditors and Financial Institutions

Once the estate is opened in probate, creditors must be notified of the death. This includes credit card companies, mortgage lenders, and any other institution with outstanding debts or financial relationships with the deceased. Pennsylvania law requires that creditors have a certain time frame to make claims against the estate (typically one year from the first advertisement of the estate being opened). The executor/administrator is responsible for ensuring that valid claims are paid from estate assets.

8. File Tax Returns

There are multiple tax filings to consider after the death of a loved one:

• Final Federal Income Tax Return: You must file a final personal federal income tax return for the deceased.
• Estate Tax Returns: Pennsylvania imposes an inheritance tax on the transfer of property from the deceased to their beneficiaries. This tax is based on the relationship between the deceased and the beneficiary and must be paid by the estate.

It’s essential to consult a tax professional to ensure all required tax forms are filed appropriately.

9. Consult an Estate Attorney

Handling the legal responsibilities after a loved one’s death can be complicated, especially if there is no Will, the estate is large, or there are disputes among beneficiaries. Consulting with an experienced estate attorney in Pennsylvania can help you navigate the process and avoid costly mistakes. An attorney can assist with probate, estate administration, handling disputes, and ensuring that legal obligations are met.

Final Thoughts

Losing a loved one is a difficult experience, and the legal process that follows can feel overwhelming. However, by taking these initial steps, you can ensure that your loved one’s estate is handled properly and that all legal requirements are met. It is advisable to seek professional legal advice as you move forward to protect the estate and honor the wishes of your loved one.

About the Author

Bill Hutcheson works with clients to ensure that their wishes are carried out after their passing. His experience includes drafting wills, powers of attorney, and living wills. Bill is keen on preparing a comprehensive estate plan that is custom-tailored for each client’s own unique situation, which he achieves through various non-probate planning tools. He often draws upon his experience and knowledge as an investment professional prior to his legal career to understand the non-probate instruments his clients readily have at their disposal in preparing a comprehensive estate plan. In addition to Bill’s guidance in estate planning, he also has significant experience in administering estates upon the decedent’s passing. Bill steers Executors and Administrators through the labyrinth of state and local statutes related to the administration process. Regularly, Bill ensures the estate’s assets are properly distributed, debts are paid, and taxes are filed. Bill and his team focus heavily on the timeliness of proper filings required by an estate’s Executors, Administrators, and Trustees, as well as ensuring they meet all of their fiduciary duties and standards. Lastly, when disputes arise amongst an estate’s stakeholders, Bill defends and/or pursues the rights of his respective clients’ positions related to the estate in question.