When we lose someone we love, the last things we want to be bombarded with are tasks and administrative responsibilities, all while trying to navigate through the grief. Knowing what steps to take — and a few missteps to avoid — may help ease the burden during one of life’s most difficult experiences. Here are a few tips and suggestions for getting started in such a challenging time.

First and foremost, take the time to grieve. Other than planning the funeral, nothing has to be done immediately, but as soon as you are ready to start the estate administration process, there are a number of documents and items that you can gather to make the process go smoothly.

Locate the Estate Planning Documents

The first thing you want to do is locate your loved one’s estate planning documents. This includes: the original Last Will and Testament, any and all Trusts (Amendments, Restatements, Irrevocable, Revocable, etc., basically anything with the word “Trust” on it), financial powers of attorney, health care directives, living wills, and beneficiary designation forms.

Additionally, you will want to locate information about the loved one’s property, such as mortgage, liens, payment arrangements on their properties. Prepare a comprehensive list of real estate, bank accounts, investment accounts, business interests, retirement accounts, vehicles, personal property, and digital assets (such as login accounts, usernames and passwords to computers and email addresses), along with outstanding debts and recurring bills. This inventory becomes the roadmap for administering the estate or trust.

A Critical Misconception: The Power of Attorney

One of the most common misunderstandings about a financial power of attorney is that family members believe they can continue to use the document after their loved one’s death to pay bills, transfer funds, or manage assets. However, this is incorrect. A financial power of attorney terminates immediately upon the death of the principal. Any use of the document post-death is unauthorized and can expose the agent to personal liability.

Rather, once a loved one has passed away, authority to act on their behalf or to manage their assets must come from court appointment (personal representative named in a Will, for example) or from a successor trustee named in the Trust document.

Funeral Instructions and Death Certificates

Once you have located your loved one’s important documents, you may learn their funeral wishes and whether or not they had any specific instructions for their remains, including organ donation, where the funeral should take place, and whether they prefer burial or cremation, or your loved one may have wished to have a “green burial” for a more eco-friendly option. Generally, these instructions are found in the Will, or possibly a health care directive.

Most funeral homes will assist in providing you with certified copies of the death certificate (otherwise, Maryland’s vital records office can provide copies). You should request more than you think you’ll need (10 – 15) as these will be used for several purposes through the administration process.

Notify Financial Institutions, Insurance Companies, Social Security

You will next want to notify government entities, financial institutions, insurance companies, and any other accounts of the death of the accountholder in order to secure the property against potential scammers. Protect homes, vehicles, and personal tangible valuables, as well as financial records, from loss or unauthorized access. Change locks if appropriate, maintain homeowner's insurance, forward mail, and ensure bills for utilities and insurance continue to be paid until someone has legal authority to act.

Do Not Transfer or Distribute Property Right Away

One of the biggest mistakes families make is divvying up personal belongings before understanding what legally belongs to the estate or trust and who is entitled to what under the appropriate documents. Early distributions can create disputes among beneficiaries or expose the personal representative or trustee to liability.

If there is a Trust, the successor trustee may have immediate authority to administer trust assets. If there is only a Will, the named Personal Representative must have been appointed as such by the Court before acting on behalf of the estate. Until legal authority exists, no one should assume they can access or distribute assets.

Consult an Estates and Trusts Attorney

Estate and trust administration involves strict deadlines, tax considerations, and fiduciary duties that carry personal liability. Engaging an experienced estates and trusts attorney can help determine whether probate is required, advise the trustee or personal representative regarding fiduciary duties, prepare necessary court filings, communicate with beneficiaries, resolve creditor claims, and ensure assets are distributed according to the loved one's wishes and applicable law.

The days following the loss of a loved one are emotionally and physically exhausting. While it may be tempting to "figure it out as you go," early guidance can save families significant time, expense, and stress, and give the family peace of mind throughout the process.