The most important documents you’ll need are several copies of your loved one’s death certificate, their will or trust documents (if those exist), and statements reflecting any banking, retirement or investment accounts the deceased person owned.
Usually, your mortuary will order death certificates, or family members can order them through vitalchek.com for a small fee. In Oregon, order the short-form death certificate.
It is best to obtain the deceased person’s original estate planning documents, particularly if the document on which you’ll be relying is a will. For this reason, it’s important to be very careful when sorting paperwork after a loved one’s death or when helping elderly family members move. I’ve known more than one person who accidentally threw away an original will. Many people keep original wills in a safety deposit box, and some lawyers keep their clients’ original wills in a safe at their office. For the record, this does not mean you are obligated to hire the same lawyer to handle the estate.
As far as documentation of assets, the most important thing you can do is to create the most complete list you can of your loved one’s assets. Include bank accounts, investments, retirement accounts (such as IRA’s, 401(k)’s, or 403(b)’s), real estate, business interests and any high-value personal items such as jewelry.
Tracking down account statements can be a challenge. Most people who receive paper copies keep at least one or two recent statements in a file cabinet or desk. Remember that institutions issue statements with varying frequency, so you’ll need to look for monthly, quarterly or even annual account statements. Keep in mind that your loved one may have had “paperless” accounts, and it may take some digging to find them, especially if you don’t have a list of their assets and/or passwords. Tax returns sometimes contain helpful information, and, if the deceased person had a financial adviser he or she may be able to generate a list of investments.
Don’t be surprised if banks or others are unwilling to provide you with information. You probably don’t have a legal right to it. Once a personal representative (sometimes called an executor) has been appointed by the court or the new trustee of your loved one’s trust is in place, that person will have the authority to ask banks, brokerages houses and other investment institutions for documentation of the decedent’s accounts. If you are aware of an asset but can’t obtain information about it prior to your first meeting with your lawyer, just include it in your list of assets so your lawyer is aware it exists.
IAmNotYourLawyer 