Legal Matters

In North America, the handling of Wills and estates comes under the authority of the state and provincial governments.

Procedures and requirements differ for each jurisdiction. 

Your own role and duties will depend on several factors: your relationship to the one who died; whether or not there is a Will; whether or not you are an executor; whether or not the Will goes to probate; whether or not you use a lawyer; and how simple or complex the legal and financial affairs are.

Find all the important papers

Go through all the likely places where important papers and records might be stored. Check the obvious spots, such as desk drawers and filing cabinets.

Then check places like the stationery drawer in the kitchen or buffet cupboard, the basket on the counter that holds unpaid bills, the glove compartment of the car, wallets and purses, in the workshop, den, even in coat and jacket pockets.

Look over the following list to see which papers you might need:

• Bank records

• Bills

• Birth certificate of the deceased, and of any minor (underage) children

• Business ownership or partnership papers

• Credit cards

• Divorce papers

• Insurance records (policies, payment stubs)

• Loan agreements (both owing and owed to the deceased)

• House and property records (land titles, assessment notices, mortgages, records of rental properties)

• Marriage certificate

• Military discharge papers

• Pension records (agreements, payment stubs)

• Safety deposit box (location, keys)

• Savings bonds

• Social Security (in Canada: Social Insurance) numbers for the deceased, spouse, and minor children

• Stocks and bonds (certificates, name of broker)

• Tax records (old returns, current receipts)

• Vehicle titles and registration

• Will