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Losing a family member is an emotionally challenging time, and the logistical and legal steps that follow can add to the stress. In Illinois, there are specific procedures that must be followed when a family member passes away. Knowing these steps can help streamline the process and ensure that your loved one’s final affairs are handled properly and respectfully.
1. Obtain a Legal Pronouncement of Death – The first step is to have a medical professional officially pronounce the death. If the death occurs in a hospital or care facility, the staff will handle this. If it occurs at home, you may need to contact a local doctor or hospice nurse.
2. Arrange for Transportation of the Body – Depending on where the death occurs, you may need to contact a funeral home or a coroner’s office to transport the body. In Illinois, only a licensed funeral director can transport a deceased person. These professionals are trained to handle the body with care and respect, and to ensure that all legal requirements are met.
3. Notify Family and Friends – Informing family and friends can be emotionally taxing, but it is an essential step. It’s often helpful to delegate this task to several family members. You can start by contacting the closest relatives and then reaching out to other friends and family members in a way that is comfortable for you, such as through phone calls, emails, or social media posts.
4. Secure the Property – Ensure that the deceased’s property, including their home and vehicle, is secure. This is important to prevent unauthorized access, theft, or damage to the property and to maintain the value of the estate. Ensure that property insurance remains in place.
5. Find the Decedent’s Important Papers and Locate the Will – If the deceased had a will, locate it as soon as possible. The will should state the deceased’s wishes regarding the distribution of their assets and the administration of their estate. Also important are: asset information, beneficiary designation paperwork, vehicle titles, insurance paperwork, and recent bank statements. Considering forwarding the deceased’s mail.
6. Contact an Estate Administration Attorney – Dealing with an estate can be complex, especially if there are significant assets or debts involved. An attorney experienced in estate administration can provide invaluable guidance through the process, including interpreting the will, handling legal documents, and representing the estate in court if necessary. Even simpler estates will benefit from proper legal advice. Too often, families make costly mistakes when trying to handle estate matters on their own. The adage ‘you don’t know what you don’t know’ rings true. Simpler estates can become much more time-consuming and complicated if you don’t understand what you should, and should not do, and when to do it, as you administer an estate. Having a trusted advisor available to you throughout the process helps to keep simple estates from getting complicated. Seek out attorney guidance early on in the process.
7. File the Will with the Local Probate Court – In Illinois, you must file the will with the probate court in the county where the deceased lived. This is required even if you do not plan to probate the estate. Where probate is required, filing the will, if any, is a precursor step to officially start the probate process, which is the legal process of administering the estate of a deceased person, resolving all claims, and distributing the deceased person’s property under the supervision of the court.
8. Take Inventory of the Estate – List all assets, including bank accounts, real estate, investments, and personal belongings. This inventory will be necessary for the probate proceedings.
9. Pay Debts and Taxes – The estate is responsible for paying any debts and taxes owed by the deceased. This might include final income taxes, property taxes, and personal debts.
10. Distribute Assets According to the Will – After debts and taxes are paid, the remaining assets can be distributed to the heirs as outlined in the will. If there is no will, assets will be distributed according to Illinois intestacy laws, which are a set of default rules that determine how an estate is distributed when there is no valid will.
11. Manage Digital Legacy – Consider digital assets such as social media accounts (Facebook, Twitter, Instagram), digital storage (Apple, Google Drive, Dropbox), and online financial accounts (PayPal, Venmo). These might need to be closed or managed according to the provider’s policies or the wishes of the deceased. You might wish to retrieve and archive photos or other digital mementos.
12. Take Care of Emotional Needs – Grieving is a personal process, and it’s important to take care of your emotional and mental health. Seek support from family and friends. Consider joining a support group or speaking with a counselor to navigate this challenging time.
13. Plan a Memorial or Funeral – Honor the deceased’s wishes or family traditions by planning a memorial or funeral service. Beyond the traditional memorial service, consider other ways to honor the deceased with options such as modern takes on mementos, such as jewelry, diamonds, decorative glass, stones. Or making a charitable gift, purchasing a memorial bench, or planting a tree.
Navigating the aftermath of a family member’s death involves numerous steps, each requiring careful attention and knowledge. While this is a difficult time, understanding the necessary legal and logistical actions can help alleviate some of the stress. We understand the complexities involved and are committed to ensuring that your loved one’s estate is managed respectfully and according to their wishes.
If you are dealing with the loss of a loved one in DuPage County and need guidance on estate administration in DuPage County or the surrounding areas, contact SBK Law Group for a confidential consultation with our experienced DuPage County estate administration attorneys. For compassionate, professional estate administration help, contact SBK Law Group at 630-427-4407 to receive your initial consultation. Let us help you during this challenging time.
