Losing someone you love is painful. The first few days may pass in a blur and you might not know where to start. Many families want time to grieve before dealing with the estate. That is normal. Some steps can wait a couple of weeks, but others need attention soon. This guide explains what to do when someone dies and leaves a Will in North Carolina and how to protect the estate during the early days.
Check if urgent legal action is needed
Most families can take a little time before getting into the legal process, but certain situations cannot wait. Some matters may require an immediate petition with the court. If minor children under the age of 18 no longer have a surviving parent or guardian, contact an estate planning lawyer right away. If the loved one owned a business, quick action may be needed to prevent harm to employees, customers, or business assets. There can also be circumstances where the estate may suffer damage if someone does not act promptly, such as fraudulent access to funds or property.
If any of these apply, call a qualified probate lawyer as soon as possible. They can help you file the right documents and protect the estate.
Locate estate planning documents and the original Will
If your loved one had conversations about their Will or estate planning, begin by locating the documents. Many people keep their Will with memorial instructions. These may include funeral wishes, burial preferences, or directions for cremation. The original Will matters. Banks, courts, and insurance companies will expect to see the signed version.
Check their home office, safe, safe deposit box, or files. If you cannot find the original Will, contact the estate planning attorney they used. That lawyer may have a copy or may know where the original is stored. If there is no Will, the court will need to appoint an Administrator. Without a Will, different rules apply and property may be distributed according to state law instead of the person’s wishes.
Review the Will and understand what it covers
Once the Will is found, read it carefully. Look for basic information such as who was named Executor, who receives property, and any instructions related to funeral or burial. The Will may also mention trusts, guardians of children, or directions for specific assets like real estate or business interests.
Do not make assumptions. The Will may not match family expectations. Try to avoid arguments with relatives. The court and the Executor will follow the written document. If anything is unclear, an estate planning lawyer can explain the language and help you move forward.
Make funeral arrangements
Many families rely on memorial instructions found with the Will. These instructions may describe the type of service, location, burial or cremation, or a preferred funeral home. Check if a pre paid funeral plan exists. Some people purchase small life insurance policies to cover funeral costs.
Do not use assets of the estate or the deceased person’s credit cards to pay for arrangements. This can cause problems later during probate. If a family member decides to pay the funeral expenses, keep all receipts. They can request reimbursement once the estate is opened. Another option is asking the funeral home for an extension on funeral costs. They may request a letter confirming that there are enough funds in the estate.
Order certified death certificates. A funeral home can handle this for you. In most cases, it is helpful to order at least 10 copies because many institutions require an official certificate before releasing information or transferring accounts.
Secure the home and estate property
After the service, begin protecting the property. The house, vehicles, and any personal belongings should be secured until an Executor or Trustee is formally appointed. Arrange care for any pets right away. Store vehicles inside a garage if possible. Consider changing the locks to prevent unauthorized access.
Take photos of important items such as jewelry or collectibles. If there are valuables, store them in a safe or safe deposit box for now. Do not allow family members or friends to take items. Nothing should be removed until probate begins, the inventory of assets is completed, and the Executor approves distribution. Early removal of items can lead to disputes and may be considered theft.
Begin collecting important documents
Estate Administration involves reviewing both assets and debts. To do that, gather paperwork that shows the deceased person’s financial life. Collect bank statements, credit card statements, life insurance policies, business documents, deeds to property, vehicle titles, retirement plan statements, tax returns, pension information, and any documents that arrive by mail during the next several weeks.
Keep these documents in a notebook or digital folder. The Executor will need them to prepare the 90 day inventory for the court and to account for every asset of the estate.
Reach out to important agencies and organizations
Even if probate has not opened, there are a few contacts to make early. Notify the Social Security Administration of the death. Some funeral homes do this automatically, but it is still a good idea to follow up. Certain families may qualify for a one time $255 death benefit if there is a surviving spouse or dependent children.
If your loved one was a veteran, contact the Veterans Administration. They may provide assistance with funeral or burial costs. In some cases, a surviving spouse or dependent children may qualify for continuing benefits.
If the person received a pension, notify the pension administrator. These organizations need official notice of death to update benefits and prevent future payments that must later be refunded.
Preserve assets and keep accounts open
Your job in the early weeks is to protect value in the estate. Do not close bank accounts or roll over IRAs, 401(k)s, or other retirement plans. You may not have the legal authority to do so until probate opens, and moving funds can affect tax treatment or beneficiary rights. When in doubt, wait.
Cancel utilities and services that are no longer needed. If the home will be vacant, shut down non essential expenses like cable television, internet, landline service, or subscription mail. Notify the homeowner’s insurance company that the property will be vacant. Insurance policies often change for vacant homes after 60 days. Coverage might be denied if the insurer was not notified.
Call the auto insurance carrier if vehicles will not be driven. Premiums can sometimes be reduced, but do not cancel coverage. Insurance should remain active until the estate sells or distributes the vehicle.
Never use a power of attorney after death. All powers of attorney become void the moment a person passes away. Continuing to use it can be treated as fraud.
Open the estate with the court
Some estates do not require probate, especially if assets are held in a living trust or pass directly to beneficiaries through payable on death accounts. In most cases, probate will be necessary to carry out the Will. Financial institutions often will not share information until the court appoints an Executor. Real property such as land or a house cannot transfer to the beneficiary unless probate is opened.
During probate, the Executor will collect assets, pay valid debts, file the inventory of estate property, and distribute what remains to beneficiaries. The court supervises the process to protect everyone involved. An estate planning lawyer can help handle filings, prepare documents, and answer questions about deadlines.
How an estate planning lawyer can help
Families dealing with grief should not spend every day worrying about legal paperwork. A lawyer who focuses on estate and probate matters can help with urgent filings, locating documents, communicating with banks, preparing inventories, and guiding Executors through every step. They can also handle special cases such as business ownership, complex trusts, or disputes within the family.
If you are going through this process in North Carolina, professional legal guidance can ease a stressful situation and prevent costly mistakes.
Call for help
If you need help understanding what to do when someone dies and leaves a Will in North Carolina, contact Salines-Mondello. Our estate planning lawyers can review your situation, explain next steps, and protect your family’s interests. Call (910) 777-5734 to schedule a consultation and get support from a team that understands probate and estate administration.