Published on January 24, 2020. Last Updated on December 16, 2025.

 

When a loved one passes away, families are often overwhelmed with emotion, uncertainty, and questions. As elder law and estate planning attorneys, one of the most common questions we receive often comes within minutes or hours after a death and is almost always the same:

 

“What do I need to do right now?”

 

The honest answer often surprises people.

 

In most cases, there is very little that must be done immediately from a legal standpoint. While there are practical steps that should be addressed in the days ahead, the first priority is not paperwork, phone calls, or legal filings.

 

The First Priority After a Death: Grieve and Be With Family

 

When someone dies, families often feel pressure to “handle things” right away. This pressure can come from well-meaning friends, distant relatives, or a general fear of doing something wrong.

 

From an elder law perspective, it’s important to understand this:

 

There are very few legal or financial actions that must occur within the first hours after a death.

 

The most important thing you can do initially is take time to grieve, be with your family, and process the loss. Nothing bad will happen if you pause before taking action. In fact, rushing decisions during an emotional time often leads to mistakes that could have been avoided.

 

Once you are ready, certain steps should be taken. Some are time-sensitive, while others can wait days or even weeks.

 

This guide is designed to help you understand:

 

• What needs to be done soon
• What does not need immediate attention
• What actions should be avoided
• When it makes sense to contact an attorney

What Needs to Be Done Shortly After a Loved One Passes Away

 

After you have taken time to grieve, there are practical matters that should be handled in an orderly way. These steps do not need to happen all at once, but addressing them thoughtfully can help prevent confusion and stress later.

 

1. Notify Close Family Members and Friends

 

One of the first tasks is notifying close relatives and friends of the death. This is often handled by a spouse, adult child, or another trusted family member.

 

There is no legal requirement for how or when this must be done, but timely communication helps:

 

• Coordinate funeral or memorial plans
• Prevent misinformation
• Ensure key people are aware of the loss

 

If the deceased belonged to a religious organization, social group, or community organization, notification can typically wait until arrangements are made.

 

2. Notify the Employer

 

If the deceased was employed at the time of death, the employer should be notified relatively soon.

 

This allows the employer to:

 

• Stop payroll
• Provide information about final paychecks
• Explain any available benefits, such as life insurance

 

In many cases, employers can also guide families through benefits that may still be available to surviving spouses or dependents.

 

3. Locate Funeral or Burial Instructions

 

Many people leave some form of written instructions regarding their wishes for burial, cremation, or funeral services.

 

These instructions may be found:

 

• In personal papers
• In a letter or folder labeled “important documents”
• With a trusted family member
• In estate planning files

 

While people often assume funeral instructions are included in a Last Will and Testament, that is not always the case. In fact, many attorneys intentionally advise clients not to place burial instructions in a will because wills are often reviewed after funeral arrangements are already completed.

 

4. Look for Prepaid Funeral or Burial Arrangements

 

Some individuals make prepaid funeral or burial arrangements during their lifetime.

 

These may include:

• Prepaid funeral contracts
• Burial plot deeds
• Cremation plans

 

If this information cannot be located at home, it may be stored in a safe deposit box. Pennsylvania law allows a family member—together with a bank officer—to open a safe deposit box for the limited purpose of locating a will or burial-related documents.

 

This limited access is important and does not allow general removal of contents.

 

5. Make Funeral or Memorial Arrangements

 

Once burial or cremation wishes are known, funeral arrangements can be made.

 

During this process, it is critical to:

 

• Keep copies of all contracts and invoices
• Track all funeral and burial expenses
• Save receipts for payments made

 

These expenses may later be reimbursed or accounted for during estate administration, depending on the circumstances.

 

6. Notify the Executor or Trustee

 

After initial arrangements are underway, certain people should be notified to ensure matters are handled properly. If the deceased had a will, it likely names an executor. If they had a trust, there may be a trustee responsible for administration.

 

Notifying the appropriate individual allows them to:

 

• Secure important documents
• Begin organizing estate matters
• Prevent unauthorized actions

 

If you are unsure who the executor or trustee is, that information will typically be found in the deceased’s estate planning documents.

 

7. Review Financial Obligations and Required Distributions

 

In some cases, financial matters may require attention before year-end.

 

For example:

 

• Required minimum distributions (RMDs) from retirement accounts
• Ongoing financial obligations that should not be overlooked

 

A financial professional or estate planning attorney can help determine whether any time-sensitive financial steps are necessary.

 

Critical Mistakes to Avoid After a Death

 

While some actions are appropriate, there are several things families should not do. These mistakes are common and often made with good intentions, but they can create serious legal and financial problems.

 

Do Not Open a Safe Deposit Box Improperly

 

A safe deposit box in the deceased person’s name cannot be accessed freely. Opening it without following Pennsylvania procedures can create legal issues.

 

Always follow state-specific rules or consult an attorney before taking action.

 

Do Not Close Bank Accounts

 

Bank accounts in the deceased person’s name may be part of the probate estate. Closing accounts or withdrawing funds prematurely can result in:

 

• Personal liability
• Accusations of improper handling
• Complications during estate settlement

 

Even joint accounts and payable-on-death accounts should be reviewed carefully before any action is taken.

 

Do Not Give Away or Distribute Personal Property

 

 

It is very common for families to begin giving away sentimental items shortly after a death. While understandable, this can lead to:

 

• Family disputes
• Claims of unfair treatment
• Legal accountability for missing property

 

From both a legal and family-harmony perspective, it’s best to wait and distribute property as part of the formal estate administration process.

 

When to Begin the Estate Administration Process

 

Estate administration doesn’t need to begin immediately after a death, but it should be handled properly and with guidance.

 

Once the initial period of grieving has passed, the next steps often include:

 

• Obtaining certified copies of the death certificate
• Locating and reviewing estate planning documents
• Notifying Social Security and other agencies
• Determining whether probate is required
• Administering any trusts

 

An experienced elder law or estate administration attorney can help guide you through this process and ensure everything is handled correctly.

 

Why Professional Guidance Matters

 

No two families face the same circumstances after a loss. The way an estate should be handled depends on many moving parts, including the size and complexity of the estate, family relationships, prior planning, potential Medicaid or long-term care issues, and possible tax consequences. What works for one family may be entirely inappropriate for another.

 

Attempting to manage these matters alone—particularly while grieving—often leads to confusion, delays, and mistakes that can be expensive or difficult to correct. An experienced elder law attorney helps bring clarity to the process, ensuring legal requirements are met, risks are minimized, and decisions are made with confidence. With proper guidance, families can focus on healing, knowing that the legal and financial details are being handled correctly and with care.

 

Get Trusted Legal Guidance During a Difficult Time

 

Losing a loved one brings emotional challenges along with important legal responsibilities, and knowing when and how to take the next steps can feel overwhelming. With the right guidance, families can move forward with confidence, avoid unnecessary complications, and ensure that everything is handled properly and with care. Thoughtful planning and informed decision-making make a meaningful difference during this transition.

 

At Bellomo & Associates, we help families navigate estate administration and elder law matters with clarity and compassion. If you have questions about what to do after a death or need assistance settling an estate, contact our office today to speak with an experienced elder law attorney. We’re here to help you take the next step with confidence and peace of mind.