What Should You Do First after Your Spouse Dies?
Losing your spouse is one of life’s most painful experiences. Alongside the emotional toll, you may also face overwhelming legal and financial responsibilities. It’s okay to ask for help during this difficult time. The following checklist can guide you step by step, helping ensure nothing important is missed and that you’re protecting yourself and your family’s future.
If your spouse lived or owned property in Florida, you may also need to understand how probate in St. Augustine FL works. This guide will touch on that, too.
Your Step-by-Step Estate Planning and Financial Checklist
1. Obtain Multiple Copies of the Death Certificate
You’ll need official death certificates to handle everything from bank accounts to insurance claims. Ask the funeral home or county health department for at least 10 certified copies.
2. Locate the Will and Estate Planning Documents
Find your spouse’s will, trust, or other estate planning paperwork. These documents tell you who is in charge (like the executor) and how property should be passed on. If no will exists, Florida’s intestacy laws will decide how the estate is handled.
3. Notify Social Security and Stop Benefits
Contact the Social Security Administration to report the death. If your spouse was receiving benefits, those payments stop—but you might be eligible for survivor benefits.
4. Reach Out to a Probate Attorney
If your spouse owned assets in their name alone and did not have a trust, probate in St. Augustine FL may be required. Our local probate team can guide you through the legal process, help you avoid delays, and make sure everything is handled properly.
5. Contact Life Insurance and Financial Institutions
File claims for any life insurance policies. Notify banks, credit unions, investment firms, and credit card companies of your spouse’s passing. Ask what documents they need to update or close accounts.
6. Update Property Titles and Beneficiary Designations
Did you and your spouse own a home together? You may need to retitle the deed to your name alone. Also review and update beneficiaries on your retirement accounts, life insurance, and payable-on-death bank accounts.
7. Settle Outstanding Debts and Cancel Unnecessary Services
Identify any debts your spouse had. You may not be personally responsible, but they still need to be handled. Cancel subscriptions, memberships, and any utilities that are no longer needed.
8. Review and Update Your Own Legal Documents
Now’s the time to update your will, trust, power of attorney, and health care directives. If your spouse was listed as your agent or executor, you’ll need to name someone new.
9. File a Final Tax Return
You must file a final income tax return for your spouse. If the estate is large, you may also need to consider estate taxes. An accountant or attorney can help you understand what’s required.
10. Create a Plan for Your Financial Future
With your financial picture changed, it’s wise to review your budget, investments, and retirement plans. If your spouse had a pension or annuity, you may be eligible for survivor benefits. Consider meeting with a financial advisor to help you stay on track.
Why Acting Now Matters
It’s natural to want to delay hard decisions after a loss. But waiting can make things more complicated. For example, if assets stay in your spouse’s name, your children or loved ones might face added burdens when something happens to you.
Taking care of these steps now will help give you peace of mind—and make things easier for your family later.
Read more on why estate planning is important in our article, Why Is Estate Planning Important?
How Does Probate in Florida Work?
Probate is the court-supervised process of settling a deceased person’s estate. In St. Augustine and across Florida, probate is often required if the person owned property in their name alone. Depending on the size of the estate, this may be a formal process or a simpler one called summary administration.
If your spouse had a trust or certain types of joint accounts, those assets may avoid probate. But anything held individually—like a house, car, or bank account—may need to go through probate. Probate Attorney Heather Maltby can help explain your options and walk you through the process from start to finish.
Speak with Our Probate Team in St. Augustine
Grief is hard enough without having to figure out legal documents, court filings, and financial accounts. If your spouse just passed, and you are looking for compassionate guidance in St. Augustine FL, request a consultation with E.P.P.G. Law of St. Johns today. We’re here to support you every step of the way with care and respect.
References: Principal Financial Group (Dec. 19, 2023) “What to do when your spouse dies: a financial checklist” and Kiplinger (Aug. 24, 2022) “A Checklist for What to Do (and NOT Do) After Someone Dies”