When the first spouse passes away, whether expected or not, it’s a difficult time for the surviving spouse. Contacting family members, making funeral arrangements, and of course, the grieving process are mentally and emotionally draining. But on top of all that, there are also legal concerns to consider when a spouse passes away.
What does a surviving spouse need to do from a legal perspective? Well, it will depend on the nature of the assets owned by the deceased spouse, and it will depend on how well the couple had planned. There may be a lot of material to process, so it typically helps to prioritize.
In most routine cases, assets were held jointly, and no probate proceeding will be needed. Even if probate is not required, however, there are still tasks to be done – all of which will require the surviving spouse to get a death certificate.
First, access to funds. Contact the banks and investment advisors to have the decedent’s name removed from the accounts and make sure the surviving spouse has full access to the funds.
Next, contact any life insurance agents and investment advisors to begin the process of collecting any life insurance proceeds and rolling over any IRAs, etc. Notify the Social Security Administration and VA, if appropriate.
Finally, work on clearing up other matters like title to real estate, vehicles, and utility bills.
- Real estate title is cleared up by filing an affidavit of survivorship. An attorney typically prepares this and takes care of recording it.
- Vehicles need to have a new title issued by visiting the bureau of motor vehicles.
- Utilities, cell phones, credit cards, and other subscriptions should be contacted and updated to remove the decedent and put in the name of the surviving spouse. This is a tedious process, but delaying won’t make it any easier. Seeing the decedent’s name or having the customer service representative ask to speak with them in the future will only be another painful reminder on top of the frustration of having to explain and provide proof of death, etc.
In cases where the decedent owned property or other assets in their own name, then probate proceedings will normally be required. This will add some formality, additional time, and additional cost to the process, but getting it started sooner rather than later is a good idea.
As mentioned above, every situation is different. This is far from a comprehensive list of things to do. That’s why it’s a good idea for the surviving spouse to consult with an attorney to help them navigate these items and more. And, they should be updating their own plan to make sure things will be as easy as possible for their heirs when that time comes.
If you have any questions about this process or how to best prepare yourself or clients, please give us a call at 765.423.7900 or send us an email at info@gutweinlaw.com.
