What to do in the first 30 days after a death
As of October 2026, a few Colorado and Arizona deadlines start at the death. If there was a living trust, the trustee must notify beneficiaries within 60 days. In Arizona, AHCCCS must be told within 3 months if ALTCS paid for care. Any federal estate tax return is due in 9 months. Probate itself can usually wait a few weeks.
- Reviewed by
- Daniel R. Klein, attorney
- Last reviewed
This checklist is general information about Colorado and Arizona law as of . It is not legal advice.
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You do not have to do this alone
Losing someone is hard. The paperwork can feel like too much. Please be gentle with yourself.
Very little has to happen in the first week. Focus on your family and the funeral. Most of the legal steps can wait a few weeks. The few with early deadlines are marked below.
Has someone just died? Call us at 720-806-2069 and say it’s urgent.
Who has the legal power to act?
Right after a death, no one has legal power over accounts in your loved one’s name alone. A power of attorney stops working at death.
That power usually comes from one of these:
- the personal representative, once the court appoints them in probate,
- the successor trustee, for property in a living trust,
- a person named as payable-on-death beneficiary, for that one account,
- the person entitled to use a small estate affidavit, after the waiting period.
How do you know if probate is needed?
It depends on what your loved one owned and how it was titled. Our guide to how probate works in Colorado explains the choices. You can also call us. A short call can often help sort this out.
Before you print
The items are grouped by time, starting with what matters most. Not every item will apply to you. Skip what doesn’t fit.
- Print it. Use your browser’s Print command, or the Print button on this page.
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- Share the work. Many families ask a relative or friend to take a few items.
In the first few days
- If the death was at home and not expected, call 911. If hospice was involved, call the hospice nurse.
- Tell close family and friends. Ask one or two people to help make calls.
- Look for written funeral or burial wishes, and any prepaid funeral plan.
- Choose a funeral home, and ask them to help order certified death certificates.
- Make sure pets and anyone who depended on your loved one are cared for.
- Lock the home and car. Keep keys, valuables, and any firearms safe. An empty home can be a target, especially after an obituary appears.
- Don’t give away belongings yet, and don’t pay their bills from your own money. Some debts are paid by the estate. Others may not need to be paid at all. Ask first.
In the first two weeks
- Order several certified death certificates. Banks, insurers, and agencies each want one. In Colorado, the first copy is $25 and extra copies ordered together are $20 each. In Arizona, each copy is $20 (as of October 2026).
- Ask the funeral home whether they will tell Social Security. If not, contact Social Security yourself.
- Look for the original will, and any trust. Keep the originals safe, and don’t write on them.
- Call your loved one’s banks and tell them about the death. A power of attorney ends at death, so no one can use it to manage accounts anymore.
- Make sure home insurance, utilities, and the mortgage don’t lapse. Ask us before paying them from your own money.
- Call any life insurance company and ask how to file a claim.
- Contact any employer, pension, or retirement plan about final pay and benefits. In Arizona, an employer may pay a surviving spouse up to $5,000 of wages owed (A.R.S. 14-3971, as of October 2026).
- Forward or collect the mail, so you can see bills and statements.
- Keep a notebook of every call: the date, who you talked to, and what they said.
In the first month
- Gather recent statements, tax returns, deeds, car titles, and insurance documents.
- Write down a general idea of what your loved one owned and owed.
- Find out what passes outside probate: trust property, and accounts with a named beneficiary.
- If there was a living trust, the successor trustee should send notice to the beneficiaries. In Colorado and Arizona, this is due within 60 days after the trust becomes irrevocable (C.R.S. 15-5-813; A.R.S. 14-10813).
- Decide whether probate is needed, or whether a small estate affidavit may be enough. Colorado: personal property up to $88,000 for 2026 deaths, after 10 days, with no real estate (C.R.S. 15-12-1201). Arizona: personal property up to $200,000 after 30 days, and Arizona real estate up to $300,000 after 6 months (A.R.S. 14-3971). As of October 2026.
- In Colorado, if a car had a transfer-on-death beneficiary, use DMV form DR 2009. The DMV does not take the court’s small estate affidavit. It uses its own form, DR 2712 (JDF 998).
- Cancel or freeze credit cards, and stop subscriptions and memberships.
- In Arizona, if your loved one received ALTCS long-term care, AHCCCS must be notified. The personal representative must do this within 3 months of the death (A.R.S. 36-2935). If no one has been appointed yet, ask us what to do.
- Call us if you have questions about probate, a trust, or the house.
Things that can wait, but put them on a calendar
- Opening probate, if it is needed. Most cases must start within 3 years of death in Colorado, and 2 years in Arizona (C.R.S. 15-12-108; A.R.S. 14-3108). In Colorado, you can apply once 120 hours have passed since the death. Starting sooner is usually easier.
- Dividing personal belongings among family. Wait until you know who is legally entitled to what.
- Selling the house or car. Someone needs legal power to sign first.
- Final income tax returns, and a federal estate tax return if one is needed. Form 706 is due 9 months after death. A surviving spouse may want one filed even if no tax is due, to keep the unused exclusion (portability) (IRS, as of October 2026).
Questions people ask
Do I have to open probate right away?
No. Very little legal work has to happen in the first weeks. Colorado generally allows up to 3 years to start probate, and Arizona 2 years. But starting sooner is usually easier, because bills and property need care.
Am I responsible for my loved one’s debts?
Generally, debts are paid from the estate, not from family members’ own money. The answer can be different if you co-signed, shared the account, or were married to the person, especially in Arizona, a community property state. Please don’t pay bills from your own pocket until you get advice. We can help you sort out which bills the estate must pay.
Who has the right to deal with the bank?
Usually the personal representative, after the court appoints them, or the successor trustee for trust accounts. A power of attorney stops working at death. If an account had a payable-on-death beneficiary, that person can claim it with a death certificate.
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