What are the Top 5 Things I Need to Do After a Loved One Dies?

Losing a loved one is one of life’s most difficult experiences, and in the midst of grief, it can feel overwhelming to face the many legal and practical matters that follow. Families are often unsure of what needs immediate attention, what can wait, and how to avoid costly mistakes. Understanding the first steps to take can provide stability during an uncertain time and help protect both the deceased’s wishes and the well-being of their surviving loved ones.

For families in Texas, having the right guidance can make all the difference. The probate process, estate laws, and deadlines are often detailed and demanding, and working through them without help can place unnecessary stress on grieving families. A compassionate and knowledgeable Houston probate attorney can walk you through each step, ensuring nothing is overlooked. 

At The Law Office of Whitney L. Thompson, we are dedicated to helping families protect their loved one’s legacy with care and professionalism. If you need immediate guidance after a loss, call us today at (281) 214-0173 to speak with an attorney who can guide you through the process with clarity and compassion.

1. Address Immediate Priorities

In the first few days after a death, it is natural to feel overwhelmed. Many people want to start “taking care of things” right away, but it’s important to separate the urgent priorities from matters that can and should wait. Rushing into tasks like paying bills, dividing belongings, or closing accounts can unintentionally create serious legal complications. Instead, the focus should be on addressing the immediate crisis, ensuring safety, and protecting the deceased’s loved ones and property.

Secure a Legal Pronouncement of Death

The very first step is to obtain an official pronouncement of death, which is necessary before a death certificate can be issued. How this happens depends on the circumstances:

• In a Hospital or Nursing Facility: If the death occurs in a medical setting, staff will handle the pronouncement and related paperwork.
• At Home Under Hospice Care: Hospice nurses are authorized to make the pronouncement and will guide the family through contacting a funeral home.
• At Home Unexpectedly: Call 911 immediately. Unless a valid Do-Not-Resuscitate (DNR) order is present, first responders may attempt resuscitation. Typically, the person will be transported to an ER where a physician can make the pronouncement. In cases of unattended or unexpected deaths, the Medical Examiner’s Office may also be involved to determine the cause.

Handle Funeral and Burial Arrangements

Before making funeral plans, check whether the deceased left written instructions, prepaid funeral contracts, or details in a will or advance directive. If no instructions are found, Texas law (and most states’ laws) set out a hierarchy of who has the right to make these decisions, beginning with a designated agent, then the spouse, adult children, and so forth. For veterans, the U.S. Department of Veterans Affairs may provide burial benefits, including possible interment in a national cemetery.

2. Locate and Organize All Essential Documents

Once the immediate needs of the first few days have been addressed, the next phase involves gathering and organizing the documents that will form the foundation for settling the estate. This process requires patience and attention to detail, but it is one of the most important steps in ensuring that legal and financial matters can proceed smoothly.

Obtain Certified Copies of the Death Certificate

Without a death certificate, most institutions will not even begin to process claims or close accounts. It is strongly recommended to order at least ten to twenty certified copies, since most agencies and financial institutions will require an original certified copy and will not accept a photocopy. These certificates will be requested by banks, life insurance companies, the Social Security Administration, the Department of Veterans Affairs, pension administrators, brokerage firms, credit bureaus, and the probate court.

In Texas, the simplest way to obtain certified copies is through the funeral home managing the arrangements. Families may also order them directly from the Texas Department of State Health Services’ Vital Statistics Section or from the county clerk’s office in the county where the death occurred.

Find the Will and Other Estate Planning Documents

After securing the death certificate, the next priority is to locate the original Last Will and Testament. Courts in Texas require the original signed document. If only a copy is found, the will must be treated as “lost,” and the probate process becomes significantly more complicated and costly. In addition to the will, it is important to identify any other estate planning documents, such as revocable or irrevocable trusts, powers of attorney (which terminate upon death), or letters of instruction.

In Texas, individuals may deposit their will with the county clerk during their lifetime, so checking with the clerk in the county where the deceased lived may uncover it.

Create a Master File of All Other Critical Paperwork

To make the estate administration process smoother for both the executor and the attorney, assemble all important documents into a single organized file. This master file will serve as the foundation for settling debts, transferring assets, and completing tax filings.

Use the following checklist as a guide:

• Financial Documents: Bank account statements, brokerage account statements, retirement plan information (401(k), IRA, pensions), life insurance policies, and at least the last three years of tax returns.
• Property Documents: Deeds to real estate, mortgage statements, vehicle titles, property tax records, and homeowners’ insurance policies.
• Personal Identification: Birth certificate, marriage certificate, divorce decrees, Social Security card, military discharge papers (DD-214), and immigration documents if applicable.
• Debt Records: Credit card statements, loan contracts, promissory notes, unpaid medical bills, and any documentation of outstanding obligations.
• Digital Information: A list of online accounts, including email, financial portals, and social media, with usernames and passwords, if available.

Houston Probate Lawyer Whitney L. Thompson

3. Understand Your Legal Role and Engage Professional Help

With the immediate crisis managed and the key documents gathered, the focus must turn to the formal legal process. This begins with identifying who is legally authorized to act on behalf of the estate and engaging the professional help necessary to navigate the complexities of Texas law.

Identify the Personal Representative: Executor vs. Administrator

The “Personal Representative” is the general term for the individual or institution with the legal authority to collect the estate’s assets, pay its debts, and distribute the remaining property. In Texas, this role has two distinct titles.

• Executor: This is the person named in the will to manage the estate. However, being named in the will is not enough. An executor has no legal authority until they are formally appointed by a Texas probate court and granted a document called “Letters Testamentary.” This court order is the official proof of their power to act.
• Administrator: When a person dies without a will (intestate), the probate court appoints an administrator to manage the estate. Texas law provides a priority list for who can serve, typically starting with the surviving spouse, then children, and other close relatives. The court grants the administrator “Letters of Administration,” which carry the same authority as Letters Testamentary.

Consult a Texas Probate Attorney

Given the legal complexities and the personal risk involved, the single most important step for any personal representative is to hire an experienced Texas probate attorney. This is not a luxury; in many cases, it is a practical and legal necessity.

• Representation in Court: In Texas, an estate is considered a separate legal entity. A non-attorney executor or administrator is generally not permitted to represent the estate in court because that would be considered the unauthorized practice of law. The attorney represents the personal representative in their official capacity, ensuring all court procedures are handled correctly.
• Managing Texas Law: The Texas Estates Code is a complex body of law with strict deadlines for filing documents, specific rules for notifying creditors, and precise procedures for inventorying and distributing assets. An attorney ensures that every step is taken in compliance with the law.
• Protection from Personal Liability: The greatest value an attorney provides is protection. By guiding the personal representative through their fiduciary duties, ensuring taxes are paid, and all debts are handled correctly, the attorney minimizes the risk of mistakes that could lead to the representative being sued by beneficiaries or creditors and held personally responsible for damages.

4. Begin the Formal Estate Administration Process

Once a personal representative is preparing to be appointed by the court with the guidance of an attorney, the formal process of administering the estate begins. This process unfolds in a series of methodical steps designed to notify official entities, safeguard against fraud, resolve the deceased’s debts, and create an accurate record of the estate’s property.

Notify Official Entities and Financial Institutions

One of the personal representative’s earliest duties is to formally notify government agencies, financial institutions, and other entities of the death. This is necessary to stop payments, prevent fraud, and initiate claims for survivor benefits. A certified copy of the death certificate is required for nearly all of these notifications.

• Social Security Administration (SSA): The SSA must be contacted immediately to stop monthly benefit payments. Overpayments are required to be returned, and failing to report the death can create legal and financial complications. The SSA can also advise on survivor benefits that may be available to a spouse or dependent children.
• Veterans Affairs (VA): If the deceased was a veteran, the VA should be notified to terminate any ongoing benefits. The VA also administers survivor benefits that may include pensions, life insurance, or burial assistance.
• Financial Institutions: Banks, credit unions, and brokerage firms where the deceased held accounts must be notified so accounts can be frozen. This protects assets and prevents unauthorized withdrawals or identity theft.
• Life Insurance Companies: Each life insurance company should be contacted to begin the claims process. Beneficiaries named in the policies will need to provide certified copies of the death certificate to receive payment.
• Credit Bureaus: To reduce the risk of identity theft, a certified copy of the death certificate should be sent to one of the three major credit reporting agencies: Equifax, Experian, or TransUnion. That agency will then notify the other two, and a “deceased” alert will be placed on the credit file.
• Pension and Retirement Plan Administrators: Any company managing a pension or retirement account should be contacted to stop payments and determine how benefits are to be transferred to beneficiaries.
• Texas Department of Motor Vehicles (DMV): The deceased’s driver’s license should be canceled to further protect against identity theft and prevent misuse.

Entity	Who to Notify / Department	Action Required
Social Security Administration (SSA)	Local or national SSA office	Stop benefit payments, return overpayments, apply for survivor benefits
Veterans Affairs (VA)	U.S. Department of Veterans Affairs	End veteran benefits, apply for survivor or burial benefits
Financial Institutions	Banks, credit unions, brokerage firms	Freeze or close accounts, prevent unauthorized access
Life Insurance Companies	Insurance provider	Submit death certificate, begin claims process
Credit Bureaus	Equifax, Experian, TransUnion	Place “deceased” alert, prevent identity theft
Pension and Retirement Plan Administrators	Employer or plan administrator	Stop payments, transfer benefits to beneficiaries
Texas Department of Motor Vehicles (DMV)	Texas DMV office	Cancel driver’s license, prevent misuse

Manage Estate Debts: The Texas Creditor Claim Process

Another core responsibility of the personal representative is to pay the valid debts of the deceased using estate assets. However, Texas law imposes a strict, formal process for identifying and handling creditor claims. It is critical not to simply pay bills as they arrive, since doing so can violate the legal order of priority and create personal liability for the executor or administrator.

Texas law requires two types of mandatory notice. A general published notice must be filed within 30 days of appointment in a newspaper of general circulation in the county, alerting all unknown creditors that they must present their claims. Additionally, a direct notice to secured creditors must be sent by certified mail within two months of appointment to lenders holding secured claims, such as mortgages or auto loans, so that their rights to collateral are protected.

In addition, Texas law allows but does not require the representative to send a permissive notice to unsecured creditors, such as credit card companies or hospitals. If this notice is sent, the creditor must file their claim within four months of receipt or lose it forever. This strategy allows the representative to shorten the creditor claim period and move the estate toward resolution more quickly.

Inventory the Estate’s Assets

Within 90 days of appointment, the personal representative must file a sworn document with the court called the Inventory, Appraisement, and List of Claims, unless the court grants an extension. This filing lists all property that is part of the probate estate, assigns a fair market value as of the date of death, and specifies whether each asset is separate property belonging solely to the deceased or community property shared with a spouse.

It is critical to distinguish between probate assets and non-probate assets. Probate assets, such as solely owned real estate, personal property, and accounts without beneficiary designations, must be reported to the court and are distributed under the will or intestacy laws. Non-probate assets, by contrast, pass directly to a designated beneficiary or surviving co-owner outside the probate process. These include assets like life insurance policies with named beneficiaries, retirement accounts with payable-on-death designations, and jointly owned property with rights of survivorship.

5. Work Through the Texas Probate System and Distribute the Estate

The final phase of settling an estate involves working with the probate court to validate the will, pay all final obligations, and legally transfer the assets to the rightful heirs. A significant advantage of the Texas legal system is its flexibility, offering several different paths to settle an estate, many of which are more efficient and less expensive than the traditional court-supervised probate common in other states.

Choosing the Right Legal Path in Texas

An experienced probate attorney will analyze the estate’s assets, debts, and family dynamics to recommend the most appropriate legal strategy. This is where professional guidance provides immense value, as choosing the correct path can save the estate thousands of dollars and months, or even years, of time.

• Formal Probate Administration: This is the traditional court process in Texas, which generally takes one of two forms.
  • Independent Administration: This is the most common, efficient, and cost-effective form of probate in Texas. If provided for in the will, or if all beneficiaries agree, the court appoints an Independent Executor who can manage and settle the estate with minimal court oversight. The executor has the authority to sell property, pay debts, and distribute assets without seeking the judge’s permission for every action.
  • Dependent Administration: This is a fully court-supervised process where the administrator must obtain court approval for nearly every step, from paying bills to selling property. While more expensive and time-consuming, dependent administration may be required if the will directs it or if there are disputes among beneficiaries that make independent administration impractical.
• Probate as a Muniment of Title: This uniquely Texan procedure is a simplified alternative available when the deceased left a valid will and the estate has no unpaid debts other than a mortgage on real property. The court admits the will as a legal instrument transferring title to property, but no executor is appointed, and there is no ongoing administration. This is often used as a quick and inexpensive way to transfer real estate or other titled property to beneficiaries.
• Small Estate Affidavit (SEA): This option is available for very small estates when the deceased died without a will. To qualify, the estate’s value, excluding the homestead and exempt property, must be $75,000 or less. The heirs may file a sworn affidavit with the court, which allows them to collect the property without a full probate. However, the SEA has strict eligibility requirements and cannot be used if the deceased owned real estate other than their primary residence.

Address Final Tax Obligations

The personal representative is also responsible for ensuring that all tax obligations are completed before distributions can occur.

• Final Personal Income Tax Return (Form 1040): A final federal income tax return must be filed for the decedent, covering the tax year from January 1 through the date of death. The return is due at the regular filing deadline of the following year.
• Estate Income Tax Return (Form 1041): If the estate itself earns more than $600 in income after the date of death, such as from dividends, interest, or rental property, the representative must file a separate income tax return on behalf of the estate.
• Federal Estate Tax Return (Form 706): Although this tax receives significant attention, it applies only to very large estates. For 2024, the exemption is $13.61 million per individual, meaning the vast majority of estates in Texas will not owe federal estate tax.

Distribute Assets and Formally Close the Estate

Only after all debts, taxes, and administrative expenses have been satisfied can assets be distributed to the beneficiaries. The personal representative transfers titles, disburses funds, and ensures that personal property is delivered in accordance with the will, or, if no will exists, under Texas intestacy laws. It is considered best practice to obtain signed receipts from each beneficiary to confirm they have received their inheritance.

Once all responsibilities have been completed, the estate may be formally closed. In an independent administration, it is common, though not always required, for the executor to file a Notice of Closing Estate or a closing affidavit with the probate court. This document affirms that all debts and taxes have been paid and that all distributions have been made. Filing this notice provides formal closure of the estate and helps release the executor from further liability.

Moving Forward with the Legal Help of an Experienced Houston Probate Lawyer

The days and months after losing a loved one are filled with both grief and responsibility. While it can feel overwhelming to balance emotions with the many legal and financial obligations that arise, breaking the process down into clear, manageable steps can provide focus and direction. From addressing urgent priorities to organizing essential documents, understanding your legal role, and working through the probate system, each step builds toward honoring your loved one’s wishes and protecting their legacy.

You do not have to go through this process alone. Having an experienced Houston probate attorney by your side ensures that every requirement is handled correctly and that your family is supported with care and professionalism. At The Law Office of Whitney L. Thompson, we are here to guide you through probate and estate administration with clarity and compassion. Call us today at (281) 214-0173 to schedule a consultation and take the next step toward peace of mind for you and your family.