Losing someone you love is a heavy weight to carry. In the first few days, your brain might feel like it is in a fog. You want to focus on your family and your grief, but there are things that need to get done. If you are in North Carolina, there is a specific path you need to follow to make sure everything stays on the right track. This guide explains what to do when someone dies in NC without using complex legal talk.
Immediate Steps to Take After a Death
What you do first depends on where your loved one passed away. If it happened at home and was not expected, call 911 right away. Police and medical staff will come to help and talk to a medical examiner if they need to. If the death was expected and the person was under hospice care, call the hospice nurse. They can officially say the person has passed and help you get in touch with a funeral home.
If the person died in a hospital or a nursing home, the staff there will handle the official paperwork. They will also ask you which funeral home should come to pick up the body. Once those first calls are made, try to reach out to close family and friends. It helps to ask a friend to help make these calls so you do not have to repeat the same sad news over and over. Also, make sure someone checks on any pets or makes sure the house is locked up tight.
Handling Urgent Legal Matters
Most legal things can wait for a week or two while you mourn. However, some situations need a lawyer right away. If the person who died left behind children under 18 and there is no other parent or guardian, you must act fast to protect the kids. You also need to move quickly if the person owned a business. A business can lose value or fall apart if no one is in charge. If anything else seems like it might harm the money or property left behind, talk to a probate attorney as soon as possible.
Finding the Will and Other Papers
You need to look for a Will or a Trust. People often keep these in a safe, a desk drawer, or with their lawyer. These papers are important because they say who is in charge and who gets the property. Sometimes, people leave memorial instructions that tell you if they wanted a funeral, a burial, or to be cremated.
In North Carolina, the court prefers the original Will. If you only find a copy, call the lawyer who wrote it to see if they have the original. If there is no Will at all, the court will have to pick someone to be the Administrator. This person will be the one responsible for the estate.
Arranging the Funeral and Burial
Check if your loved one had a pre-paid plan or a small insurance policy for funeral costs. If you have to pay out of your own pocket, keep every receipt and contract. You will be able to get your money back from the estate later. Do not use the deceased person’s credit cards or bank accounts yet. It is better to ask the funeral home for an extension on the bill. You can show them a letter later saying the estate has enough money to pay.
The funeral director is a big help here. They will help you get death certificates. You should ask for 10 certified copies. It costs about $10 for each copy in North Carolina. You will need these for almost everything you do next.
Protecting the Home and Belongings
Until the court picks an Executor or Administrator, the house and everything in it should stay exactly as it is. It is a good idea to change the locks on the house so only you or a trusted person can get in. Put cars in a garage if you can. Take pictures of jewelry and other small things that cost a lot of money and put them in a safe.
One big rule in North Carolina is that family members should not take anything yet. Even if they think they were promised an item, they have to wait. Nothing should be given out until the 90 day inventory is finished and the court says it is okay.
Gathering Financial Documents
You will need to get a clear picture of what the person owned and what they owed. This is called estate administration. Look for bank statements, credit card bills, and house deeds. Check the mail for any bills or tax papers. Keep all of these organized in a folder or a box. You will need to show the court a full list of assets and debts later on.
Contacting Government Offices
There are a few groups you should call pretty early. One is the Social Security Administration. You can call them at 1-800-772-1213. They need to stop the monthly checks so you do not have to pay money back later. You can also ask about the $255 death benefit for a spouse or kids.
If the person was a veteran, call the Veteran’s Administration. They might help pay for the funeral or burial. If the person had a pension from a job or the government, call the people in charge of those plans too. This ensures any surviving spouse gets the benefits they deserve.
Managing Accounts and Insurance
Keep bank accounts open for now. You might not have the power to close them until the court gives you permission. Do not move money out of retirement plans like a 401k or an IRA yet. However, you should cancel things the person no longer needs. This includes cable, internet, and newspapers.
If the house is going to be empty for a while, call the home insurance company. If a house is empty for more than 60 days, the insurance might not cover a fire or a break-in unless you tell them first. You might have to pay a little more, but it keeps the house protected. Also, tell the car insurance company that the cars are not being driven to see if they can lower the bill.
Most importantly, stop using any Power of Attorney. That paper dies when the person dies. If you keep using it to pay bills, the law sees it as fraud.
Starting the Probate Process
In North Carolina, you usually have to go through probate to move a house title or get into a bank account. This happens at the office of the clerk of the superior court in the county where the person lived. You will file the Will and ask for Letters of Testamentary. If there is no Will, you ask for Letters of Administration. These papers give you the legal power to act.
The whole process usually takes between six months and a year. You will have to give notice to people who are owed money and file reports with the court. Because there are so many steps and deadlines, many people find it easier to work with a probate lawyer. This helps you avoid making mistakes that could make you personally responsible for any money lost.
Salines-Mondello is ready to help you during this difficult time. If you need someone to take the legal work off your plate while you focus on your family, give us a call at (910) 777-5734. We can walk you through the court steps and help you settle the estate correctly. We are here to listen and help you find peace of mind.