What Documents Are Needed After Someone Dies?

After someone dies, the successor trustee, executor, or family will typically need to gather the deceased person's estate planning documents and a broad range of financial and property records. These may include the living trust, will, trust amendments, certified death certificates, deeds, account statements, insurance policies, tax returns, business records, and beneficiary designations.

Getting these documents organized early can make a California trust administration or probate proceeding easier, faster, and less stressful for everyone involved.

Which Estate Planning Documents Should You Locate First?

One of the first priorities is locating the deceased person's original estate planning documents. Depending on the plan, these may include:

• The living trust
• The will
• Any amendments or restatements to the trust
• Other documents affecting the administration or disposition of assets

The documents help determine who has authority to act, which assets are controlled by the trust, who the beneficiaries are, and what instructions the deceased person left behind.

If you have been named to administer a trust, review the firm's successor trustee FAQs for additional information about the responsibilities that may follow.

How Many Death Certificates May Be Needed?

Certified death certificates are commonly required when dealing with financial institutions, real estate, insurance companies, retirement accounts, and other assets.

The exact number needed will depend on the nature and number of assets involved. Because death certificates can be necessary at multiple stages of administration, obtaining the appropriate number early can help avoid unnecessary delays.

Learn more about obtaining a death certificate in California.

What Financial Records Should Be Collected?

The trustee or executor may need financial documents that help identify, value, and properly administer the deceased person's property. Common examples include:

• Bank and financial account statements
• Investment statements
• Insurance policies
• Recent income tax returns
• Property tax bills
• Records relating to business interests
• Retirement account records and beneficiary designations

These records can help establish what the person owned, how the assets were titled, their approximate values, and whether an asset passes through the trust, probate estate, or a beneficiary designation.

What Property Documents May Be Required?

Real estate can create additional documentation requirements. Deeds should be located so the trustee or executor can determine how each property was legally titled.

In some administrations, an appraisal may also be necessary to determine the value of real estate or other significant property as of the date of death.

Are Prior Tax and Gift Records Important?

They can be. Depending on the estate, the trustee may need copies of recent income tax returns and any prior gift tax returns. These records can provide information that is important to the professionals assisting with the estate or trust administration.

Because tax issues can affect when assets may safely be distributed, important financial and tax documentation should be collected before a trustee begins making major decisions about the estate.

Why Does Organization Matter After a Death?

When estate planning and financial documents are organized and readily available, the people responsible for administering the estate can more quickly understand what needs to be done.

Missing documents may require additional searches, requests to financial institutions, or other work that can slow the process. Good organization can therefore help reduce delays, professional fees, uncertainty, and stress for beneficiaries and family members.

Get a Head Start on California Trust Administration

If you have recently become responsible for a loved one's trust, the firm's free Successor Trustee Checklist provides additional guidance about the initial steps to take.

Kavesh, Minor & Otis also helps successor trustees understand and complete the California trust and estate administration process. Getting organized early and understanding your responsibilities before taking action can help protect both the estate and the person responsible for administering it.