Here is a checklist of important things to do when someone close to you dies in Washington State. (See the PDF link at the top for a printer-ready version of this checklist.) Show This can be a very overwhelming and emotional time. It is a good idea to read this checklist beforea death occurs, in order to plan and understand the practical steps of this difficult process. It is also helpful to keep all your important information in one location and tell someone where you keep it. The words “deceased” and “decedent” mean “the person who died.” “Estate” is the property belonging to the person who died. This checklist is an excerpt of the Handbook for Washington Seniors: Legal Rights and Resources, by Legal Voice. Specific chapters in the Handbook are referenced for more information throughout this checklist. 1. IMMEDIATE STEPS❑ Call 911 right away if there is an unexpected death in your home. The medical team will help you figure out the next steps. If the deceased was receiving hospice care, call the hospice. ❑ If a death is expected to happen soon, call the doctor or hospice to discuss what to do when or if a death happens in your home. ❑ Most deaths occur in hospitals and other places such as nursing homes. Talk to the staff about their process. ❑ Contact close family and/or friends of the deceased, the deceased’s doctor (if a hospice is not involved), and the deceased’s lawyer, if any. If the deceased cared for dependents (for example, grandchildren), make arrangements immediately for their care. ❑ Look for any written instructions (sometimes called a “Letter of Instruction,” “Final Instructions”, or "Disposition Authorization") for funeral or memorial service arrangements, and burial or cremation arrangements. Also look to see if the deceased named a "Designated Agent" to take care of those arrangements (sometimes this is included in the deceased's Advance Directive documents such as in their Durable Power of Attorney for Health Care, or in a Living Will). If not found, ask close friends, the deceased's doctor or the deceased’s lawyer if they know where to find these instructions. Also, look for any pre-paid services, such as burial services or cremation. For more information about who is responsible under Washington State law for these after-death arrangements, see the "Funerals, Burials, and Cremation" section of the "Dealing with Death" chapter in the Handbook for Washington Seniors: Legal Rights and Resources. ❑ Look for records of the deceased person’s desire to donate organs or tissue (usually noted on a Washington State driver’s license with a red heart symbol or the word “Donor,” or mentioned in the deceased’s “Final Instructions”). Give this information to the deceased’s doctor or hospice immediately (or before the death, if possible). ❑ If you are the named "Designated Agent" (or if none, if you are the person allowed by Washington State law to automatically be the Designated Agent), you should arrange for funeral or memorial services, and burial or cremation. Washington State requires the deceased's body be embalmed or refrigerated until burial or cremation. For more information about Designated Agents and after-death arrangements, see the "Funerals, Burials, and Cremation" section of the "Dealing with Death" chapter in the Handbook for Washington Seniors: Legal Rights and Resources. Also, see the listings under Funerals, Burials, Cremation, and Other Information in the Resources section at the end of this checklist. ❑ Death Certificates: You can order certified copies of the death certificate from the funeral director or your hospice. Often you can get them from the local Department of Health office in the county where the death occurred, or from the Washington State Department of Health. Generally, you will need one certified copy of the death certificate for each major asset, such as cars, land, or bank accounts, for which you will need to transfer ownership. You may also need a certified copy for items such as life insurance policies, veterans’ survivor benefits, and annuities. Certified copies are expensive (approximately $20-$32 each, plus fees). Ask if a non-certified photocopy is allowed, or if the company would return the original certified copy to you so you could use it later. 2. NEXT STEPS - LOCATE IMPORTANT PAPERSFind the deceased’s important papers and documents as soon as possible. If necessary, ask close family, friends, or the deceased's doctor or lawyer if they know where these important papers can be found, and the location of a bank safety deposit box, if any. ❑ Safety Deposit Box - In Washington State safety deposit boxes in banks of the deceased are not sealed after a death. Anyone who has legal access still has the right to open the safety deposit box. Important documents such as a Will and "Final Instructions" letter might be in the safe box. To learn what to do if no one is available with legal access to the safety deposit box, see the listings under Estate Administration, Safe Box Access, and other Legal Help in Resources section at the end of this checklist. ❑ The Will – First, find out if the deceased left a Will and/or a Trust. If there is a Will, notify the Personal Representative named in the Will (and the Trustee, if named in a Trust) right away. The Personal Representative is responsible for taking care of the deceased’s estate and for following the terms of the Will, while the Trustee is responsible for managing the Trust. Sometimes the Personal Representative is called the “Executor” or “Executrix”. In Washington, a valid and signed Will must be filed with the Superior Court, usually in the deceased’s county of residence, within 30 days of the death. This is an extremely important step to complete if there is a Will.
See the "Probate and Estate Administration" section of the Dealing with Death chapter in the Handbook for Washington Seniors: Legal Rights and Resources for more information. For other resources about wills, estate administration, probate, and other legal help, see the listings under Estate Administration, Safe Box Access, and Other Legal Help in the Resources section at the end of this checklist. ❑ Other
Items – Locate other important papers and documents as soon as possible, such as:
3. PRACTICAL STEPS AND INFORMATION❑ Make a list of regular bills to have as a reminder. Be sure to note if any are on automatic payment plans and note when payments are due. ❑ Give all unpaid bills to the Personal Representative (if any) to be paid. Some examples of bills to locate:
❑ Access to bank accounts: If you are a co-signer or have a joint account with the deceased, you should be able to use some of the money in the account to pay the regular bills of the deceased. Keep detailed records of all the bills you pay and any withdrawals of cash from the account. If there are no joint owners or co-signers, you cannot access the deceased's bank account until a Personal Representative is approved by a court process. Then, the Personal Representative usually is able to access the accounts to pay bills, etc. For more information, see the "Probate and Estate Administration" section of the Dealing with Death chapter of the Handbook for Washington Seniors: Legal Rights and Resources. ❑ Power of Attorney: If you were the holder of a Power of Attorney (sometimes called an “attorney-in-fact” or the “agent”) for the deceased, your authority to act under the Power of Attorney ends at the time of death. The only exception to this is if you were also listed in the Power of Attorney as the deceased's "Designated Agent" for after-death arrangements. In this case, you will have the authority to make funeral or memorial arrangements as well as burial or cremation arrangements. ❑ Check and take care of the deceased’s home, property, and pets, if necessary. Put valuables (cash, jewelry, collectible items) in a safe place. Be sure the house is locked, if no one is home. ❑ Contact the Post Office (listed in the telephone directory as United States Postal Service) with forwarding information, if necessary. Stop all deliveries of unneeded newspapers, home care services (such as meal delivery or nursing services), and cancel any appointments for doctors, dentists, etc. ❑ Cancel services that are no longer needed (such as cell phones, internet, or cable TV). Do not cancel utilities, as they may still be needed. 4. NOTIFICATION OF DEATH (AND CHECK FOR BENEFITS)Once you have notified all close family and friends, the deceased’s doctor and lawyer (if any), and the Personal Representative and/or Trustee (if one is named in a Will and/or Trust), you (or the Personal Representative) should give notice of the death as soon as possible to the agencies and companies listed below. At the same time, you (or the Personal Representative) should check and apply for any death benefits or survivor benefits from these organizations. This is money paid after a death to the person or persons named as “beneficiary.” A beneficiary is a person who receives money or property, such as from the deceased’s life insurance policy, retirement pension, or annuity. It can take two or more months for benefits to arrive, so be sure to start soon. Call these offices to find out their requirements, such as sending a certified copy of the death certificate. Make a note with the date you made your calls, and write down what is required as a reminder of what you need to do. Contact information for many of these offices is listed in the Resources section at the end of this checklist (see Notification of Death and Checking for Benefits). Here is a list of some agencies and companies to notify:
5. FINAL STEPSSee the Dealing with Death chapter of the Handbook for Washington Seniors: Legal Rights and Resources for your next steps, including the “Funerals, Burials, and Cremation” and “Probate and Estate Administration” sections. The “Probate and Estate Administration” section includes information about paying the deceased’s debts, bills and taxes, and explains how the deceased’s assets are transferred. FEEDBACKWe hope this checklist has been helpful. If you have any feedback regarding this checklist or the information provided, please send an email to . Your feedback helps us improve our materials and keep information up to date. Thank you. Resources General Resources
For Funerals, Burials, Cremation and Other Information
For Death Certificates
For Notification of Death (and to Check for Benefits)
Email: info@soundgenerations.org By phone: 206-448-5720 or 1-888-435-3377 (toll-free)
Grieving
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. Updated by Janne Endreo and Chloë Phalan, 8/24/15. Resource listings updated 8/25/2021. Acknowledgements to June Krumpotick and Anne Bradley Counts for their work on previous versions of this memo. © 2021 Legal Voice — 1-206-682-9552 (Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non-commercial purposes only.) What happens if you don't notify Social Security of death?If Social Security pays the deceased's benefit for that month because it was not notified of the death in time, the survivors or representative payee will have to return the money.
How long do you have to tell Social Security when someone dies?You should notify us immediately when a person dies. However, you cannot report a death or apply for survivors benefits online. In most cases, the funeral home will report the person's death to us. You should give the funeral home the deceased person's Social Security number if you want them to make the report.
Does Social Security take back money after death?"Any benefit that's paid after the month of the person's death needs to be refunded," Sherman said. With Social Security, each payment received represents the previous month's benefits. So if a person dies in January, the check for that month — which would be paid in February — would need to be returned if received.
Is Social Security paid the month of death?Let us know if a person receiving Social Security benefits dies. We can't pay benefits for the month of death. That means if the person died in July, the check received in August (which is payment for July) must be returned.
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