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Frequently Asked Questions

Table of Contents

What papers will I need if a family member dies?

Here is a list of the papers that you will probably need:

  • Certified copies of the death certificate (at least 10). You can purchase them through the funeral director or directly from the County Health Department.
  • Copies of all insurance policies, which may be located in the deceased’s safe deposit box or among his or her personal belongings.
  • Social Security numbers of the deceased, the spouse, and any dependent children.
  • Military discharge papers, if the deceased was a veteran. If you cannot find a copy, write to The Department of Defense, National Personnel Record Center, 1 Archives Drive, St. Louis, MO 63138.
  • Marriage Certificate, if the spouse of the deceased will be applying for benefits. Copies of marriage certificates are available at the Office of the County Clerk where the marriage license was issued.
  • Birth Certificates of dependent children. Copies are available at either the State or the County Public Health offices where the child was born.
  • The Will, which may be with the deceased’s lawyer.
  • A complete list of all property including real estate, stocks, bonds, savings accounts and personal property of the deceased.

If the death is not unexpected, you should try to gather these papers in advance (other than the death certificate, of course) to lessen the strain at the time of death.

What steps should I take regarding the deceased’s assets?

You should check with your financial advisor as to how you should handle the following assets of the deceased, but some general rules of thumb include:

  • Insurance Policies. You may need to change the beneficiaries of policies held by the spouse of the deceased. Moreover, if the spouse does not have any dependents, it might be wise to reduce the amount of life insurance coverage. Auto and home insurance may also need revision.
  • Automobiles. Check with your State DMV to see if the title of the deceased’s car needs to be changed.
  • Bank Accounts. If the deceased and his or her spouse had a joint bank account, title will automatically pass to the surviving spouse. Notify the bank to change its records to reflect this change in ownership. If a bank account was held only in the name of the deceased, that asset will have to go through probate (unless it’s a trust account).
  • Stocks and Bonds. To change title to stocks or bonds, check with the deceased’s broker.
  • Safe Deposit Box. In most states, you will need a court order to open a safe deposit box that is rented only the name of the deceased.
  • In most states, only the will and other materials pertaining to the death can be removed before the will has been probated.
  • Credit Cards. Any credit cards exclusively in the name of the deceased should be canceled (and any payments due should be paid by the estate). As to credit cards in the names of both the deceased and his or her spouse, the surviving spouse should notify the credit card companies of the death and ask that the card should be reissued in the survivor’s name only.

You should update your own will if it provides that any of your property will pass to the deceased upon your death.

How can I avoid overpaying for the funeral of a family member?

The best way to avoid overpaying for a funeral is to plan ahead. Further, it pays to know about the “Funeral Rule,” the regulation of the Federal Trade Commission (FTC) concerning funeral industry practices. The Funeral Rule provides that:

  • The funeral provider must give you, over the phone, price and other readily available information that reasonably answers your questions.
  • The funeral provider must give you (1) a general price list, (2) a disclosure of your important legal rights, and (3) information about embalming, caskets for cremation, and required purchases.
  • The funeral provider must disclose in writing any service fees for paying for goods or services on your behalf (such as flowers, obituary notices, pallbearers, and clergy honoraria). While some funeral providers charge you only their cost for these items, others add a service fee to their cost. The funeral provider must also inform you of any refunds, discounts, or rebates from the supplier of any such item.
  • The funeral provider must disclose in writing your right to buy, and make available to you, an unfinished wood box (a type of casket) or an alternative container for direct cremation.
  • You do not have to purchase unwanted goods or services or pay any fees as a condition to obtain those products and services you do want. In addition to the fee for the services of the funeral director and staff, you need to pay only for those goods and services selected by you or required by state law.
  • The funeral provider must give you an itemized statement of the total cost of the funeral goods and services you selected; this statement must disclose any legal, cemetery, or crematory requirements for you to purchase any specific funeral goods or services.
  • The funeral provider is prohibited from telling you that a particular funeral item or service can indefinitely preserve the body of the deceased in the grave or claiming that funeral goods such as caskets or vaults will keep out water, dirt, or other gravesite substances.

If you have a problem concerning funeral matters, and cannot resolve it with the funeral director, contact your federal, state, or local consumer protection agencies, the Funeral Consumers Alliance, or the International Conference of Funeral Examining Boards.

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