Losing a spouse is one of life’s most challenging experiences. In addition to the emotional toll, surviving spouses often face a list of urgent legal and financial responsibilities. Understanding these steps—and having the right support—can make this overwhelming time more manageable. Forbes article reminds those grieving that all tasks don’t have to be done at once. Campbell Law Firm is here to help.
What Are the First Steps After a Spouse Dies?
- Notify Key Parties
- Inform close family and friends.
- Contact your estate planning attorney.
- Notify the Social Security Administration and, if applicable, the Department of Veterans Affairs.
- Arrange for Immediate Needs
- Make funeral arrangements and obtain multiple copies of the death certificate (request at least 12 certified copies).
- Secure your home and arrange for pet care.
- Guard Against Hasty Decisions
- Avoid making major financial changes or decisions immediately. Selling a home or making large purchases is best deferred until you have a clear plan.
What Legal and Financial Documents Should You Gather?
Start collecting important documents to ensure a smooth probate process. These may include:
- The will or trust documents.
- Bank statements and investment account records.
- Insurance policies (life, health, auto, and homeowners).
- Mortgage or loan documents.
- Tax returns for prior years.
- Records of retirement accounts and their designated beneficiaries.
How Does Probate Work in Texas?
What Is Probate?
Probate is the legal process of administering a deceased person’s estate. This involves verifying the will, settling debts, and distributing assets to heirs or beneficiaries.
When Is Probate Necessary?
If your spouse owned property or accounts solely in their name, those assets must go through probate unless they were placed in a trust.
How Can a Tyler Probate Attorney Help?
An experienced probate attorney simplifies the process by:
- Ensuring the will is valid and filed in probate court.
- Helping with asset appraisals and debt settlements.
- Guiding you through the legal requirements to avoid delays or disputes.
What Benefits Are Available to Surviving Spouses?
Social Security Benefits
Contact the Social Security Administration to report the death and explore survivor benefits, including a one-time death benefit and ongoing payments, if applicable.
Employer Benefits
If your spouse was employed at the time of death, reach out to their employer to claim any remaining benefits such as:
- Life insurance.
- Retirement accounts (401(k) or pensions).
- Continued health insurance coverage under COBRA.
Read more in our article, Finding a Life Insurance Policy for a Deceased Parent or Spouse.
What Steps Should You Take to Secure Finances
- Close or Transfer Accounts
- Transfer joint accounts into your name and close individual accounts of the deceased spouse.
- Notify credit agencies and request a “deceased” notation to prevent identity theft.
- Don’t start giving away assets, whatever persistent family members may say. You’ll need to go through the estate process properly. Assets are not distributed until all other tasks have been completed.
- Pay Bills and Debts
- Review outstanding debts, including utility bills, loans, and credit cards.
- Consult an attorney about paying these from estate assets rather than personal funds.
- Tax Filings
- File final income taxes for your spouse by April 15 of the following year.
- Discuss with your attorney whether federal or state estate taxes apply, even if no tax is owed.
Why Choose Campbell Law Firm in Tyler, TX?
At Campbell Law Firm, we’ve been helping families navigate the probate process and other estate planning challenges for over 35 years. Whether you need assistance settling an estate, minimizing probate delays, or managing tax filings, our dedicated team is here to provide guidance and support.
Remember that you do not have to go through this process alone. Facing the probate process doesn’t have to be overwhelming. Let us help you honor your spouse’s legacy and safeguard your family’s future. Book a consultation with our office to learn how we can help you through this difficult process.
