After your spouse dies, first locate both spouses' estate planning documents and determine how the assets are titled. A surviving spouse may need to complete trust administration, address probate matters, obtain valuations, and update their own estate plan. The correct order depends on the documents, the property involved, and California law.
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Which documents should I locate first?
Collect any joint or separate living trusts, wills, powers of attorney, health care documents, deeds, account records, and beneficiary designations. Determine whether assets belonged to a joint trust, separate trusts, the spouses individually, or both spouses together. Different types of ownership can lead to different post-death requirements.
Can I transfer or distribute property right away?
Do not assume so. Some assets may pass through a beneficiary designation or joint ownership, while others may require formal trust and estate administration, California probate, or another procedure. Trust terms may require particular actions after the first spouse's death, even if the surviving spouse expects to continue using the assets.
What steps may be required after a spouse's death?
Depending on the plan, tasks may include determining date-of-death values, filing appropriate tax returns, retitling property, reviewing beneficiary designations, administering or dividing trust assets, and completing court proceedings. A lawyer experienced in trust administration and probate can identify which steps apply before assets are moved.
Should I update my own estate planning documents?
Yes, review them promptly. You may need to reconsider your successor trustee, executor, financial or health care decision-makers, and beneficiaries. Changes must remain consistent with the deceased spouse's documents and any restrictions under applicable law. You should also consider whether your financial situation and future needs have changed.
Where can I find help with the first steps?
Kavesh, Minor & Otis provides a successor trustee's first 30 days checklist and a separate executor's first 30 days checklist. These resources can help you organize questions before speaking with an attorney about the specific administration duties and updates your family needs.
