What To Do Legally and Practically After a Loved One Passes Away

by Andrew Rosenberg | Nov 16, 2025 | Estate Planning

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What are the first steps families should take after losing a loved one?

Andrew Rosenberg emphasizes that when a loved one passes away, the most important priority is family—not legal matters. He advises taking time to grieve, care for relatives, and handle emotional needs before diving into paperwork or legal procedures. Funeral arrangements, obituary details, and comforting one another should always come first. According to Andrew, the legal aspects can wait—nothing in estate law is so urgent that it must come before family care.

Why are death certificates important, and how many should be ordered?

One of the first formal steps after a death is ordering death certificates through the funeral home. Andrew recommends requesting five to ten certified copies, as they will be needed for banks, insurance companies, and other institutions. There are two types—one with cause of death (long form) and one without cause of death (short form). He advises obtaining half of each type, noting that while they typically arrive within ten business days in Florida, the timeline can vary by state. Andrew also shares that in rare cases—such as when the cause of death requires investigation—certificates may take months to be released.

What legal documents should families locate after a death?

After funeral arrangements are settled, families should locate any existing estate planning documents, especially the original will. Andrew explains that Florida courts require the original version when filing probate documents. While a copy can sometimes be accepted, it involves additional legal hurdles such as affidavits from witnesses and court approvals. He urges families to ensure that loved ones know exactly where important papers are stored while the person is still alive.

How can families prepare for locating documents more easily?

To simplify this process, Andrew created the “Estate in One Place” Private Client Group, which includes a digital Legacy Portal. This secure platform allows clients to store essential information such as asset lists, account details, insurance contacts, and uploaded legal documents. Clients can also include videos, family history notes, and social media information with passwords. Andrew says this system acts as a roadmap for surviving family members, giving them clarity on what exists and where to find it when they meet with an attorney after a loved one passes.

What happens if the will cannot be found?

If the original will cannot be located—and there is no copy—Andrew warns that the deceased is considered to have died intestate, meaning without a will. In that case, Florida’s intestate succession laws dictate how assets are distributed, which may differ from the person’s intended wishes. Even with a copy, the process is more complicated, requiring witness attestations and additional filings. To avoid this, he strongly recommends storing legal documents safely at home rather than in a bank safe deposit box, which can become inaccessible after death without court orders.

Where should original legal documents be stored safely?

Andrew suggests keeping wills and other key papers in a fireproof box or safe at home, with family members knowing where to find them and how to access them. He discourages using bank safe deposit boxes since survivors may not have legal access after death. Instead, a portable, fireproof container—holding passports, insurance policies, and legal records—allows families to secure documents easily and even take them in emergencies like fires or evacuations.

Which administrative steps should be taken soon after death?

In addition to funeral arrangements and document collection, Andrew recommends contacting the Social Security Administration if the deceased was receiving benefits. This prevents overpayments and future complications. These steps, he says, typically occur within the first one to two weeks after the death, before beginning the formal legal process.

What is the probate process, and when is it required?

Andrew clarifies that probate is the court-supervised process of distributing a deceased person’s assets. If someone dies without a will (intestate), the court follows Florida law to determine who inherits. If there is a will (testate), the document guides the court in distributing assets. Probate is required for any asset held in the deceased’s name alone without a beneficiary designation—such as certain bank accounts or properties. Assets with named beneficiaries, like life insurance, IRAs, or 401(k)s, typically bypass probate using a certified death certificate.

How do joint ownership and trusts affect probate?

Jointly owned assets transfer directly to the surviving owner upon death and do not go through probate at that time. However, Andrew points out that probate may still occur after the surviving joint owner passes away, as the property then becomes part of their individual estate. Establishing a trust, however, is one of the most effective ways to avoid probate entirely. Because a trust remains active even after death, assets owned by it can be distributed directly to heirs according to the trust’s terms, saving time, cost, and emotional strain.

What final advice does Andy Rosenberg have for grieving families?

Andrew concludes by encouraging families to take things one step at a time. Losing a loved one is painful, and dealing with legal matters can feel overwhelming. By focusing first on family, obtaining the necessary documents, and working with an experienced estate planning attorney, families can navigate the process smoothly and honor their loved one’s wishes with confidence.

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