A loved one just died, and right now you may feel like the ground has shifted beneath you. Take a breath. You do not need to figure everything out today. There is a clear, manageable path through the first two weeks, and this guide walks you through it one step at a time.
Where You Stand When a Loved One Just Died
When a loved one just died, no state expects you to run to the courthouse on day one. However, every state does have rules about when a will must be filed and how estates are handled. These rules set the outer boundaries of your timeline. In most cases, you have weeks or months — not hours — to act.
For example, some states require the person holding a will to file it with the probate court within a set number of days. Others have no hard deadline at all. The table below shows how this works in five common states.
| State | Will-Filing Deadline | Small Estate Threshold | Statute |
|---|---|---|---|
| California | 30 days after knowledge of death | $208,850 | Prob. Code § 8200(a) |
| Texas | 4 years (no short-term deadline) | $75,000 | Est. Code § 256.003 |
| New York | No fixed statutory deadline | $50,000 | SCPA Art. 13–14 |
| Florida | No mandatory deadline (claims barred after 2 years) | $75,000 (summary administration) | Fla. Stat. §§ 733.702, 735.201 |
| Pennsylvania | No fixed deadline | $50,000 | 20 Pa.C.S. § 3102 |
If the estate is below your state’s small estate threshold, you may be able to skip full probate entirely. Typically, a simple affidavit or small estate petition is all you need. Check with your county probate court to find out.
What to Do First (Step by Step)
When a loved one just died, the very first step is practical, not legal. Here is a simple order to follow in the first 14 days:
1. Get certified death certificates. Ask the funeral home for 10 to 15 certified copies. Banks, insurance companies, and courts each need their own original. This is the single most important document you will use in the weeks ahead. 2. Notify Social Security. In most cases, the funeral home reports the death automatically. If not, call the SSA at 1-800-772-1213.
Any Social Security payment sent for the month of death must be returned. 3. Locate the will and important papers. Look in the home, a safe deposit box, or with the person’s attorney. If a loved one just died and you find a will, keep it safe and do not write on it.
4. Notify the bank and financial institutions. Call the bank within the first week to freeze the accounts. This protects the estate from unauthorized withdrawals. 5. Notify the employer or pension payer. This stops paychecks and starts any survivor benefit process. 6. Secure the home and property. Lock up the house. Collect mail. Make a quick list of valuable items. As a result, you reduce the risk of theft or loss while the estate is settled.
How to Protect Yourself and Keep Records
When a loved one just died, paperwork may feel overwhelming. However, keeping organized records now will save you hours of stress later. Start a folder — physical or digital — and put every document in it.
Gather these items as soon as you can: the will, life insurance policies, bank and brokerage statements, mortgage documents, car titles, and the most recent tax return. You will also want a copy of the death certificate for each institution you contact. For example, the bank will need one, the insurance company will need one, and the probate court will need one.
Write down every phone call you make. Note the date, the person you spoke with, and what they told you. Get any promises in writing. If a company says they will transfer an account, ask for email confirmation. This protects you if there is a dispute later. When a loved one just died and emotions are high, a simple written log keeps things clear.
When to Get Help (Probate Court or an Attorney)
You do not need a lawyer for everything. Many families handle small estates on their own. However, when a loved one just died and the estate is large or complicated, professional help can prevent costly mistakes.
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Your first stop should be your county probate court’s self-help desk. Most courts offer free guidance, printed forms, and step-by-step instructions. In many states, the court website has fillable forms you can download at no cost. For example, California’s courts provide a full self-help guide at courts.ca.gov.
If you cannot afford an attorney, look into your state’s free legal aid. You can search for help at lsc.gov. Typically, legal aid offices help families with estates that fall below certain income levels. Contact a licensed attorney if the estate includes real estate in multiple states, if someone is contesting the will, or if the estate owes significant debts. When a loved one just died and creditors are calling, an attorney can tell you what debts the estate actually owes.
Frequently Asked Questions
Do I need to go to probate court if a loved one just died?
Not always. If the estate is small — for example, under $208,850 in California or under $75,000 in Texas — you may be able to use a small estate affidavit instead. Check your state’s threshold with the local probate court.
How many death certificates do I need when a loved one just died?
Order at least 10 to 15 certified copies from the funeral home or your state’s vital records office. Each bank, insurer, and government agency will typically require its own original certified copy. Ordering extras now is cheaper than ordering them later.
When a loved one just died, can I use their bank account to pay for the funeral?
In most cases, the bank will freeze the account once they learn of the death. However, many states allow the executor or next of kin to access funds specifically for funeral expenses. Contact the bank with a certified death certificate and ask about their process. A licensed attorney or the probate court can advise you on your state’s rules.
Where to get real help, free or low-cost
You do not have to figure this out alone, and you do not need to buy anything to get started. Your state’s probate court usually has a self-help desk, and free legal aid can walk you through the next steps.
- Your state probate (or surrogate’s) court: search “[your state] probate court self-help” for free forms and instructions.
- Free legal aid: lawhelp.org — find free and low-cost legal help in your state.
- Eldercare and benefits help: eldercare.acl.gov — connects families with local support.
Sources & How to Verify
The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.
- IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
- Find free legal help: lawhelp.org — free and low-cost legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms
Content last reviewed June 2026. If you notice outdated information, please contact us.
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Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.