If you are the personal representative or executor of a person’s estate, you will need to sort through the deceased person’s belongings and distribute his or her personal property to the people named in the deceased person’s will or a separate personal property memorandum.
While certain items of a deceased person’s belongings, such as jewelry, photographs, paintings, silverware, china, and furnishings, may be more straightforward to distribute because they are items that family members would like to receive due to monetary and sentimental value, other items, such as financial statements, insurance policies, utility bills, and tax returns, may be less straightforward.
/What documentation should be kept?
As estate administration attorneys, we recommend that the following documents be kept, including specific tax returns:
- Certified copies of birth and death certificates (both for the deceased person and any predeceased spouse)
- Certified copies of marriage certificates, prenuptial agreements, and decrees of divorce
- Certified copies of stock, bond, and other asset ownership certificates
- Income tax returns from the past three years and supporting documents (e.g., Form W-2, Form 1099, Form 1099-R, receipts for charitable deductions, etc.)
- All gift tax returns
- Estate tax returns for a predeceased spouse
- Check registers, bank account statements, retirement account statements, credit card statements, medical statements, and utility bills for the year of death (and for any prior year for which the decedent has not filed an income tax return)
- Retirement plan documents (e.g., pension paperwork, annuity contracts, etc.)
- Insurance documents (life insurance policy, homeowners’ insurance policy/umbrella coverage, etc.)
What to do if you need to find a deceased person’s social security number
Finding a deceased person's social security number (SSN) in the United States can be necessary for a variety of reasons. However, due to privacy laws and identity theft concerns, access to a deceased person's SSN is restricted. Below are a variety of options to obtain a deceased person's SSN:
- Death certificate
- Social Security Administration (SSA)
- Social Security Death Index (SSDI)
- Tax records or financial documents
- Life insurance policies or bank accounts
- Contacting credit bureaus
What to do if you are unsure if a document should be kept?
As a general rule, if a document not named on the above list looks important, it is better to save it than throw it away. If you are unsure whether to keep a particular document, you should send it to your estate administration attorney, who can review it and advise you on how to proceed.
How long should these documents be kept?
With the exception of birth certificates, death certificates, marriage certificates, and divorce decrees, which you should keep indefinitely, you should keep the other documents for at least three years after a person’s death or three years after filing an estate tax return, whichever is later.
What documents should you consider preparing to plan for ill health or your estate?
To help your friends and family while you are seriously ill or incapable of managing your financial or medical affairs or after your death, it is important to know what documents you should complete before you die. This ensures your wishes are respected, your healthcare and estate decisions are managed properly, and minimizes disputes between your heirs and beneficiaries. These include the following:
- Will – A Last Will and Testament outlines how a person wants their assets distributed after their death. It names an executor to manage the estate and can also specify guardianship for any minor children.
- Living Will – Also known as an Advance Healthcare Directive, this form specifies a person’s wishes regarding medical treatment in situations where they can no longer make decisions, such as being in a coma or terminal illness.
- Durable Power of Attorney (POA) for Healthcare – A POA designates a trusted individual to make healthcare decisions on the person’s behalf if they become incapacitated.
- Durable Power of Attorney for Finances – This document appoints someone to manage financial matters, including paying bills and handling investments if the person becomes unable to do so.
- HIPAA Authorization – This form allows designated individuals to access medical records and communicate with healthcare providers.
- Do Not Resuscitate (DNR) Order – A DNR directs healthcare professionals not to perform CPR or other life-saving measures if the person’s heart stops or they stop breathing.
- Trust Documents – For those who set up a Living Trust, the necessary documents must be prepared to place assets into the trust, appoint a trustee, and specify how the trust's assets will be managed and distributed.
- Organ Donation Authorisation – This document indicates the person’s wish to donate their organs and tissues upon death.
- Funeral Planning Documents – These detail a person’s preferences for funeral arrangements, including burial or cremation, services, and any other specific requests.
What should be done with the remaining documentation?
Once you sort through the deceased person’s papers and set aside the above documents, you may be left with a pile of papers. Generally, it is a good idea to shred documents with any personal or financial information to lessen the risk of identity theft.
If you do not have a shredder or the volume of papers is such that it would be impractical to shred them at home, you can hire a document management company to pick up the papers and securely shred them at an offsite facility. The cost of hiring a document management company is generally a reimbursable expense of the estate.