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What to Do After a Loved One Passes Away: Do You Need Probate?

On Behalf of | Feb 3, 2025 | Firm News

Losing a loved one is an incredibly difficult and emotional experience. On top of grieving, you may find yourself overwhelmed with legal and financial matters that need attention. At The Siegel Law Firm, PA, we understand how challenging this time can be, and Jason Siegel is here to guide you through the process with compassion, clarity, and efficiency.

One of the biggest questions families face is whether probate is necessary. Below, we’ll outline the key steps to take after a loved one’s passing and help you determine if probate is required.

What to Do First After a Loved One’s Passing

Before addressing legal matters, there are a few immediate steps to take:

  1. Obtain the Death Certificate

You’ll need multiple copies of the death certificate for financial institutions, insurance claims, and legal filings. The funeral home typically assists with obtaining these. We recommend requesting both types: several copies without the cause of death for most institutions and a few with the cause of death, as life insurance companies often require them.

  1. Secure Property and Assets

If your loved one owned a home, vehicle, or valuables, ensure they are protected to prevent unauthorized access or potential disputes.

  1. Locate Estate Planning Documents

Search for a will, trust, or other estate planning documents. These dictate how assets should be distributed and whether probate is necessary. If you’re unsure where to start, Jason Siegel and our team can help you review these documents and determine your next steps.

  1. Notify the Right People

You may need to inform:

Family members and close friends

Employers or business partners

Banks and financial institutions

Social Security Administration (if applicable)

Life insurance providers

  1. Assess Financial Accounts and Bills

Determine if your loved one had outstanding debts, ongoing expenses, or financial accounts that need immediate attention.

At The Siegel Law Firm, PA, we frequently help families navigate these early steps, ensuring that everything is handled properly while giving you the space to grieve.

How to Determine If Probate Is Necessary

Probate is the legal process of settling an estate, but not every estate requires it. Here’s how to tell if probate is needed:

Situations That Usually Require Probate

You may need probate if:

  • The deceased owned assets solely in their name without a co-owner or beneficiary.
  • There is real estate that was not jointly owned or placed in a trust.
  • There are bank accounts, stocks, or retirement funds without a named beneficiary.
  • The estate has outstanding debts or disputes among heirs.

Situations Where Probate May Not Be Necessary

Probate might be avoidable if:

  • The deceased had a revocable living trust, properly funded before their passing.
  • Assets were jointly owned with rights of survivorship (e.g., a home owned as “joint tenants with right of survivorship”).
  • Financial accounts had beneficiary designations (e.g., life insurance policies, payable-on-death bank accounts).

If you’re unsure whether probate is required, Jason Siegel and our team can review your situation and provide clear guidance.

How The Siegel Law Firm, PA Handle Probate Matters

If probate is necessary, the process can feel overwhelming—but you don’t have to go through it alone. Jason Siegel and The Siegel Law Firm, PA have extensive experience handling probate cases throughout Palm Beach County, Martin County, and St. Lucie County and the surrounding areas. Whether your case involves:

  • Summary Administration (a simplified probate process for smaller estates), or
  • Formal Administration (a more complex court process for larger estates)

Our firm will take care of everything—from filing the necessary court documents to ensuring assets are distributed correctly. Our goal is to make this process as smooth and stress-free as possible during this difficult time.

If you have questions about probate or need guidance on what to do next, contact us for a consultation. We are ready to provide the support and clarity you need.