The checklist below is provided to give your executor (and/or trustee of your revocable living trust) some assistance in completing the multitude of important tasks that need to be accomplished after your death. Many of these tasks can be arranged by you in advance. By taking care of these things now, you can minimize the emotional strain that will be placed on your survivors.
Depending upon the complexities of your estate and the legal and financial expertise of your executor and/or trustee, your executor/trustee may or may not need the assistance of a lawyer or accountant in going about the task of administering your trust and/or estate. If your executor/trustee does decide to seek additional legal assistance, we would welcome the opportunity to discuss our services and fees, although your executor/trustee of course would be free to select any law firm of his or her choice.
Tasks to Complete As Quickly as Possible:
Make arrangements to look after minor children
Review Decedent’s Advance Medical Directive to determine wishes with regard to organ donation, burial, cremation, disposition of remains, etc.
Determine which charitable organization or fund for donations in memory of the deceased
Choose funeral home and funeral director
Meet with funeral director and determine all of the following:
Burial plot location and which space to open
Memorial type and inscription
Determine casket type
Vault or crypt
Clothing for deceased
Type of service (religious, military, fraternal)
Special selection from scriptures
Name of clergy who will officiate
Location of service
Time of day for service
Names of pallbearers
Flowers
Music
Extra chairs
Transportation for family and guests, including planning funeral car list
Vital statistics regarding the deceased, for newspaper notices
Determine who is to give eulogy
Gather information for eulogy
Determine what preparations need to be made at home, such as food for family and guests
Arrangements for special religious services
Arrangements for any special wishes specified in Advance Medical Directive, Will, or Trust
Request at least 10 original Death Certificates from the funeral home
Develop list of names, addresses, and telephone numbers of people who should be contacted
Consider seeking assistance in calling those to be contacted
Make arrangements to meet out-of-town relatives at airport or railroad station
Arrange lodging for out-of-town relatives
Keep list of all calls and floral tributes received, for later thank-you cards
Notify the Following as Soon as Possible:
Doctor or doctors
Funeral director
Cemetery or memorial park
All relatives
All friends
Deceased’s employer
Pallbearers
Insurance companies (life, health, accident)
Religious, fraternal, civic, veterans organizations, unions, etc.
Newspapers regarding notices
Notify and seek guidance from the following advisors:
Attorney
Accountant
Secure Vital Statistics (Required for Burial Permit)
Name, home address and telephone number
How long a resident of the State
Name of business, address, and telephone number
Occupation and title
Social Security Number
War Veterans Serial Number
Date of Birth
Place of Birth
Citizenship (US or other)
Father’s name
Father’s birthplace
Mother’s maiden name
Mother’s birthplace
Religious name (if any)
Examine Safe Deposit Box
Note that Virginia Code Section 6.1-332.1 says that upon the death of a lessee of a safe-deposit box, a bank may permit limited access to such box by the spouse or next of kin of the deceased lessee, or by any other person (e.g., a named executor or trustee) having an interest in locating a will or trust of the decedent, for the limited purpose of looking for a will or trust. If the bank will not allow you to enter the safe-deposit box for this limited purpose, then you should contact an attorney who can assist you in obtaining a court order allowing access to said box.
Check safe deposit box and examine contents.
Location of Safe Deposit Box:
Location of safe deposit box key:
If the Estate Will be Solvent, Pay Some or All of The Following
(if the Estate may wind up being insolvent, you should consult with an attorney
before paying anything from or on behalf of the Estate)
Mortgage or Rent
Taxes due
Gas
Electric
Water
Telephone
Other current and urgent household bills
Family burial estate
Memorials
Funeral director
Interment Service
Clergy
Florist
Doctors
Hospitals
Collect Important Documents and Asset Information
Will(s); Trust(s); Advance Medical Directive(s)
Legal proof of age or birth certificate
Social Security card or number
Marriage license
Citizenship papers
Insurance policies (life, health, accident, property)
Bank statements
Certificates of Deposit
Savings Bonds
Deeds to real estate
Title to automobile(s)
List of stocks, bonds, mutual funds, partnership Interests, business interests, and other investments
List of pension and profit-sharing plans, IRA accounts, 01(k)’s, and other retirement accounts
List of all living relatives
Cemetery or Memorial Park Certificate of Ownership
Social Security Benefits (see attached page)
Veterans discharge certificate
Veteran’s Benefits (see attached page)
Legal Issues
Determine if there are any assets that must go through probate - keeping in mind the small estate exemption – consult with attorney if not sure;
Determine if there are any non-Virginia parcels of real estate that were not transferred into a living trust; if so, these must go through probate in the other state -- consult with attorney in that state for assistance;
If probate is necessary, call the Circuit Court of the County in which the deceased resided at time of death to make appointment with a Probate Clerk;
Review the Last Will and Testament to determine the proper distribution of assets from the probate estate;
Review the details of any testamentary trust created by the Last Will and Testament to determine whether to seek qualification as trustee at the same time as seeking qualification as executor;
Review the details of any living trust to determine the proper distribution of assets from the trust estate;
If applicable, review business documents or records to determine administrative needs;
At date of death and six (6) months later, obtain an appraisal or valuation of all real estate. This is very important in obtaining a “stepped-up valuation” of the assets, which may affect taxes owed;
Distribute personal effects as listed in any Tangible Personal Property Directive or other written signed notes to that effect;
Decide which assets should best be sold or converted to income or distributed prior to distribution to the beneficiaries;
Consult with an attorney and/or accountant to determine if estate taxes are due and, if so, for assistance with filing the estate tax return;
Consult with an attorney and/or accountant to determine if it is necessary to file a Fiduciary Income Tax Return annually if trust and/or estate has taxable income (must first obtain a tax I.D. number from IRS, using form SS-4).
This Web site
provides general information only. Laws develop over time and differ from state
to state. This Web site does not provide legal advice about specific legal problems.
Let The Law Firm of Evan H. Farr, P.C. advise you about your particular situation.
