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What are the first steps when someone dies?
May 06, 2024
A Guide for the First Days & Weeks
We all hope that the transition from life to death will be smooth, but unfortunately most deaths come with confusion and uncertainty. To provide some understanding, here are several next steps you can follow:
Immediately After Death
- Colorado requires that a qualified medical professional is notified of the passing. If the death happens outside of a hospital, then you must notify the Coroner’s Office.
- Work with the hospital or coroner to arrange to have your loved one taken to the Coroner’s Office. If you know your loved one’s organ donation wishes, make sure to communicate them.
- Immediately secure your loved one's home, to insure against possible break-ins and theft. You want to secure all their property until the next legal steps happen.
The First Few Days
- Look through your loved one's paperwork for important records. These include information for any burial planning, burial insurance, or general wishes. Then, do what you can to follow those wishes.
- Contact the appropriate mortuary or crematorium and begin the process for final services.
- If your loved one received public assistance benefits or was a veteran, there may be financial programs available. Check with appropriate authorities to determine that status.
- While everything is pending, make sure to check their mail, answer their phone, take care of their pets, and keep other loved ones informed.
- Handle the funeral and make sure to care for everyone.
The Next Few Weeks
- Obtain certified death certificates from the County Coroner or mortuary. Remember you can always order more from the "Office of Vital Records" if you run out.
- Provide death certificates for all financial assets. This includes financial accounts (checking accounts, credit cards, etc.), life insurance, retirement plans, utility and phone companies, and any source of their income (pension plan, PERA, Social Security). If you discover a safe deposit box, make sure that bank branch receives a death certificate.
- Locate all estate and legal documents, including the originals if possible. This includes a Last Will, Trust Agreement, Beneficiary Deed, or Designated Beneficiary Agreements. If you cannot find documents but know who prepared them, contact the attorney's office.
- Avoid collecting or cash out accounts until you know the next legal steps. Do not cash any income checks (e.g. from a pension) until you speak with an attorney. Certain income payments must be refunded after a person's death.
What next?
The process of dealing with death can be chaotic and terrifying. The attorneys at Opfer | Campbell P.C. have many years of experience helping survivors navigate these steps, so please call them today for a consultation. For a very comprehensive guide, click here for "When A Loved One Passes Away."
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The death, disability, or other loss of a loved one is a difficult time for anyone, but none more than a minor child. While the adults are scrambling to pick up the pieces, they might forget there is a child left behind. And that child is experiencing more difficulty than anyone else may know or see. As a result, it is critical to attend to the child’s needs, which likely means pursuing a legal guardianship. What Is Guardianship? Guardianship is a probate action that happens in the county where the child resides. Any adult can petition the local probate court for appointment. That person (1) needs to be interested in the welfare of the child, and (2) must believe they are best-suited to serve. However, if there is a signed guardian nomination, it gives the applicant first priority to serve. Nominations happen in Last Wills or by a separate guardian nomination form. If the child is age 12 or older, they must receive notice of the petition and also have a say in the outcome. Even though a judge will decide guardianship, an older child can tell the court their preferences and why. After filing, there are several steps to the case, including hearings. A probate court must find that the applicant’s appointment is in the best interests of the child. If not, the court will look to another option. After the guardian's appointment, they will file a "care plan" with the court. This covers important plans about where the child will live and how they will receive care. Every year afterwards the guardian will file a report that updates the court about the child. And finally, when the child turns 18, the guardianship terminates. It is possible to appoint two guardians. It is also possible for guardians to live in another state when they make the request. If needed, a surviving child can relocate to live with guardians in another state. What should I do next? The initial pleadings and reports, as well as the hearings and evidence for appointment, can quickly overwhelm anyone. If you wish to become a guardian, you need a complete understanding of the process. The attorneys at Opfer | Campbell P.C. handle guardianships every day, and are here to provide you that assistance. If you have questions or need to begin a case, call us today for a consultation.
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The death, disability, or other loss of a loved one is a difficult time for anyone, but none more than a minor child. While the adults are scrambling to pick up the pieces, they might forget there is a child left behind. And that child is experiencing more difficulty than anyone else may know or see. As a result, it is critical to attend to the child’s needs, which likely means pursuing a legal guardianship. What Is Guardianship? Guardianship is a probate action that happens in the county where the child resides. Any adult can petition the local probate court for appointment. That person (1) needs to be interested in the welfare of the child, and (2) must believe they are best-suited to serve. However, if there is a signed guardian nomination, it gives the applicant first priority to serve. Nominations happen in Last Wills or by a separate guardian nomination form. If the child is age 12 or older, they must receive notice of the petition and also have a say in the outcome. Even though a judge will decide guardianship, an older child can tell the court their preferences and why. After filing, there are several steps to the case, including hearings. A probate court must find that the applicant’s appointment is in the best interests of the child. If not, the court will look to another option. After the guardian's appointment, they will file a "care plan" with the court. This covers important plans about where the child will live and how they will receive care. Every year afterwards the guardian will file a report that updates the court about the child. And finally, when the child turns 18, the guardianship terminates. It is possible to appoint two guardians. It is also possible for guardians to live in another state when they make the request. If needed, a surviving child can relocate to live with guardians in another state. What should I do next? The initial pleadings and reports, as well as the hearings and evidence for appointment, can quickly overwhelm anyone. If you wish to become a guardian, you need a complete understanding of the process. The attorneys at Opfer | Campbell P.C. handle guardianships every day, and are here to provide you that assistance. If you have questions or need to begin a case, call us today for a consultation.
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Parker Station - 19751 East Mainstreet, Suite 215
Parker, CO 80138
Summit County - 620 East Main Street #6
Frisco, CO 80443
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The experienced attorneys of Opfer | Campbell | Beck P.C., serve clients throughout both the Denver, Colorado (CO), metropolitan area , as well as clients and cases in Summit County.
Opfer | Campbell | Beck P.C
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