Common situation

When death is sudden and nothing was planned

A sudden death without any plan in place is among the hardest situations a family can face. You are grieving, in shock, and asked to make decisions immediately. This guide is a calm, ordered list of what to do in the first 72 hours and the days that follow, so you can take it one step at a time.

What is different about your situation

Without a will, the state's intestate succession laws decide who inherits. This takes longer in court than a probate with a will.

You may not know where accounts are, what insurance existed, or who the attorney was. You will be reconstructing financial life from scratch.

Funeral decisions often need to be made in the first 24 to 48 hours, before you have time to think clearly. Trusted family members and the funeral director can help.

The most urgent things to do first

In the first 24 hours: confirm death legally (call 911 if at home, the hospital or coroner if elsewhere). Choose a funeral home. Notify immediate family.
In the first 48 hours: meet with the funeral home and make basic decisions (burial vs cremation, service style). Begin notifying close friends.
In the first 72 hours: order at least 10 certified death certificates through the funeral home. Locate the deceased's wallet, phone, and any obvious financial papers.
In the first week: search for a will (desk, safe, safe deposit box, attorney). Search for life insurance policies. Notify employer. Cancel ongoing services as you find them.
In the first month: file for probate. The court will appoint an administrator and authorize you to access accounts. Notify Social Security. Begin inventorying assets.
Take care of yourself physically: eat regular meals, sleep when you can, ask for help with logistical tasks.
Find one person to be your "operations partner" who can take phone calls, screen visitors, and help with small tasks.

State by state notes

Every state has intestate succession laws that determine heirs when there is no will. The state where the deceased lived is the state whose laws apply.

Frequently asked questions

What if I have no idea what accounts existed?

Check the mail for the next 3 months. Check old tax returns for income sources. Check the deceased's bank statements for direct deposits and recurring transfers. Check email for financial statements.

How do I find a will if one exists?

Check the desk, fireproof safe, safety deposit box, and any known attorney files. Many people store wills with the attorney who drafted them. Some states have a Wills Registry you can query.

Do I need to make funeral decisions today?

Most funeral homes can hold a body for several days while you make arrangements. Take 24 hours to gather close family and decide together.

I cannot focus enough to make decisions. What do I do?

Slow down to the next concrete task in front of you. Sleep, eat, drink water. Ask a trusted friend or family member to come sit with you. The decisions can almost always wait one more day.

When does probate start?

Typically within 30 to 60 days of death is normal. Some states require filing the will (if found) within 30 days, but the formal probate proceeding can wait while you gather information.