Losing a family member or loved one is an emotional and overwhelming experience. On top of the grief, there are immediate legal and practical matters that must be handled—often by family members who don’t know where to begin. As an estate planning and probate attorney in Colorado, we help families through this difficult time by offering clarity and support when it’s needed most.
Here’s a step-by-step guide to help you navigate the first days and weeks after a loved one passes away.
1. Handle Immediate Practicalities
- Contact the Proper Authorities
If the death was unexpected and occurred at home, call 911. If your loved one passed in a hospital, hospice, or care facility, staff will handle the necessary notifications.
- Obtain the Death Certificate
You will need several certified copies (usually 5–10). These are required to handle bank accounts, insurance claims, property transfers, and more. Most funeral homes will help you order them through the Colorado Department of Public Health and Environment (CDPHE).
2. Make Funeral and Burial Arrangements
- Check for Prepaid Plans or Instructions
Look for documentation about funeral wishes or prearranged burial plans. If your loved one had an estate plan, their preferences may be outlined there.
- Work with a Funeral Home
Funeral homes can assist with arrangements, filing the death certificate, and helping you comply with any necessary local or religious customs.
3. Secure Property and Important Documents
- Protect the Residence
If your loved one lived alone, make sure their home is secure. Collect the mail and manage utilities.
- Gather Legal and Financial Documents
Locate the will, trust, insurance policies, financial statements, and other estate planning documents. These will be critical for the next steps.
4. Locate the Will or Estate Plan
- Search for the Will or Trust
Look in a home safe, bookshelves or file cabinets for estate planning documents such as a Last Will and Testament as well any trust documents. If you can’t find a will, contact your loved one’s attorney or financial advisor. It is possible your loved one kept their Will in a safe deposit box at the bank, which can create difficulties in gaining access to those safe deposit boxes.
- File the Will with the Court
In Colorado, the will must be filed with the probate court in the county where the person lived—typically within 10 days of the death.
5. Determine if Probate Is Required
- Small Estates May Avoid Formal Probate
Colorado allows for a simplified process if the estate is worth less than $88,000 (if the person died in 2026) and contains no real estate.
- Larger or Complex Estates Require Probate
If probate is needed, the court will appoint a Personal Representative (executor) to manage the estate. This person is often named in the will. If not, the court will appoint someone, usually a close family member.
6. Notify Relevant Parties
- Government Agencies and Financial Institutions
Notify Social Security, the deceased’s employer (if applicable), banks, insurance companies, and creditors.
- Update or Close Accounts
Start the process of transferring or closing accounts, canceling subscriptions, and protecting the estate from identity theft.
7. Get Professional Guidance
Probate and estate administration can be complicated, even for small estates. Mistakes can cause delays, disputes, and even legal liability. An experienced estate planning attorney can help:
- Interpret the will or trust
- Guide the probate process
- Assist with asset transfers
- Ensure compliance with Colorado law
- Minimize family conflict and stress
We’re Here to Help
If you’ve recently lost a loved one and don’t know what to do next, you’re not alone. We are here to help you take the next right steps, protect your loved one’s legacy, and move forward with confidence.
Contact us today for a compassionate consultation. We’ll help you understand what comes next—and guide you every step of the way.
