Nothing contained herein should be construed to be legal advice or create an attorney/client relationship, nor is it intended to interfere with any existing attorney/client relationships. Consult with an attorney before taking any action.
Instructions for Surviving Spouse
Instructions for a surviving spouse (and ONLY a surviving spouse) when one spouse dies.
1. Obtain at least 8 death certificates from the funeral home as soon as possible. Make a copy for your attorney.
2. Open any joint titled safe deposit boxes and inventory them. Look for a Will or other estate planning documents. Fill out any bank forms needed to show the change in title on the box from both spouses to just the surviving spouse. If the box is only in the name of the decedent, contact your attorney.
3. Do an inventory of the decedent’s assets (i.e. bank accounts, stocks, cars, etc.), how they are titled, and estimated values.
4. Do a rough inventory of the contents of the house by room. For the contents, list groups simply, such as “5 piece living room suite” or “7 piece stainless kitchen cookware”. Use garage sale values here. List separately any high value items or antiques. For example, for a collection of Hummel figurines you would list each one by title on the piece and use an appraised value.
5. Determine if there is a last Will or a trust, and whether you have the original (needed for probate) or a copy. Make a copy for your attorney, but bring the original too.
6. Collect all the decedent’s debts and determine if they are joint debts or individual debts and whether there will be enough in the estate to pay all the debts. Pay the funeral home and any valid last medical bills first. Make a list for your attorney, including how the debt is titled, who it is owed to and how much it is.
7. Contact your attorney. Many actions can be done on your own, but complications require the advice of an attorney. Establish a relationship with one early to guide you through the process. The attorney will need the information gathered in the preceding steps.
8. Contact a CPA. Use the decedent’s CPA if he had one. The decedent’s last income tax return or other inheritance tax document (including an IH-6) may need to be prepared. A CPA can guide you through this so you do not end up on the bad side of the IRS or the Indiana Department of Revenue.
9. Contact Social Security and inform them of the death. Be aware that the last Social Security check received will most likely be cancelled. Fill out a claim for Social Security survivor’s benefits and dependant benefits if there are minor children.
10. Unless directed otherwise by your attorney, pay any joint debts if they are valid, otherwise the creditors will pursue the surviving spouse. If they are not valid, contact an attorney. If there are insufficient funds in the estate to pay all the debts, contact your attorney.
11. Contact any life insurance companies where the deceased had a policy and fill out their forms to claim proceeds designated to the spouse. If the designated beneficiary was the decedent’s estate, contact your attorney. If the designated beneficiary was someone other than the surviving spouse, have that person fill out the forms. If the designated beneficiary is under age 18, contact your attorney.
12. Contact any plan administrator’s of the decedent’s pension, 401(k), IRA or other retirement plan or stock broker and fill out their forms to claim proceeds designated to the spouse or for survivor benefits in the case of a pension. If the designated beneficiary was the decedent’s estate, contact your attorney. If the designated beneficiary was someone other than the surviving spouse, have that person fill out the forms. If the designated beneficiary is under age 18, contact your attorney.
13. For RV’s, trucks, motorcycles, trailers, boats, mobile homes or cars that are joint titled, go to the local BMV and complete their forms to show the change in title from both spouses to just the surviving spouse. This may work for vehicles that are only in the deceased spouse’s name as well. If not, contact your attorney.
14. For real estate that is “joint titled with rights of survivorship” or as “tenancy by the entireties”, contact your attorney to prepare an affidavit of survivorship to show the change in title from both spouses to just the surviving spouse. For real estate that is not joint titled contact your attorney.
15. For bank accounts that are joint titled, go to the bank and complete their forms to show the change in title. If the bank accounts are only in the deceased spouse’s name, or are “Payable On Death” (POD) or Transfer On Death (TOD) to someone else or a minor, contact your attorney.
16. If the decedent owned a business, incorporated or not, jointly with his spouse or not, contact your attorney. Bring copies of all the business formation paperwork and any operating or partnership agreements.
1. Obtain at least 8 death certificates from the funeral home as soon as possible. Make a copy for your attorney.
2. Open any joint titled safe deposit boxes and inventory them. Look for a Will or other estate planning documents. Fill out any bank forms needed to show the change in title on the box from both spouses to just the surviving spouse. If the box is only in the name of the decedent, contact your attorney.
3. Do an inventory of the decedent’s assets (i.e. bank accounts, stocks, cars, etc.), how they are titled, and estimated values.
4. Do a rough inventory of the contents of the house by room. For the contents, list groups simply, such as “5 piece living room suite” or “7 piece stainless kitchen cookware”. Use garage sale values here. List separately any high value items or antiques. For example, for a collection of Hummel figurines you would list each one by title on the piece and use an appraised value.
5. Determine if there is a last Will or a trust, and whether you have the original (needed for probate) or a copy. Make a copy for your attorney, but bring the original too.
6. Collect all the decedent’s debts and determine if they are joint debts or individual debts and whether there will be enough in the estate to pay all the debts. Pay the funeral home and any valid last medical bills first. Make a list for your attorney, including how the debt is titled, who it is owed to and how much it is.
7. Contact your attorney. Many actions can be done on your own, but complications require the advice of an attorney. Establish a relationship with one early to guide you through the process. The attorney will need the information gathered in the preceding steps.
8. Contact a CPA. Use the decedent’s CPA if he had one. The decedent’s last income tax return or other inheritance tax document (including an IH-6) may need to be prepared. A CPA can guide you through this so you do not end up on the bad side of the IRS or the Indiana Department of Revenue.
9. Contact Social Security and inform them of the death. Be aware that the last Social Security check received will most likely be cancelled. Fill out a claim for Social Security survivor’s benefits and dependant benefits if there are minor children.
10. Unless directed otherwise by your attorney, pay any joint debts if they are valid, otherwise the creditors will pursue the surviving spouse. If they are not valid, contact an attorney. If there are insufficient funds in the estate to pay all the debts, contact your attorney.
11. Contact any life insurance companies where the deceased had a policy and fill out their forms to claim proceeds designated to the spouse. If the designated beneficiary was the decedent’s estate, contact your attorney. If the designated beneficiary was someone other than the surviving spouse, have that person fill out the forms. If the designated beneficiary is under age 18, contact your attorney.
12. Contact any plan administrator’s of the decedent’s pension, 401(k), IRA or other retirement plan or stock broker and fill out their forms to claim proceeds designated to the spouse or for survivor benefits in the case of a pension. If the designated beneficiary was the decedent’s estate, contact your attorney. If the designated beneficiary was someone other than the surviving spouse, have that person fill out the forms. If the designated beneficiary is under age 18, contact your attorney.
13. For RV’s, trucks, motorcycles, trailers, boats, mobile homes or cars that are joint titled, go to the local BMV and complete their forms to show the change in title from both spouses to just the surviving spouse. This may work for vehicles that are only in the deceased spouse’s name as well. If not, contact your attorney.
14. For real estate that is “joint titled with rights of survivorship” or as “tenancy by the entireties”, contact your attorney to prepare an affidavit of survivorship to show the change in title from both spouses to just the surviving spouse. For real estate that is not joint titled contact your attorney.
15. For bank accounts that are joint titled, go to the bank and complete their forms to show the change in title. If the bank accounts are only in the deceased spouse’s name, or are “Payable On Death” (POD) or Transfer On Death (TOD) to someone else or a minor, contact your attorney.
16. If the decedent owned a business, incorporated or not, jointly with his spouse or not, contact your attorney. Bring copies of all the business formation paperwork and any operating or partnership agreements.