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Death of a Family Member: What to Handle, and When

Pending verification

Losing a family member brings paperwork on top of grief. Social Security, the IRS, the probate court, and the VA each run on their own timeline.

Last reviewed 2026-07-11

Probate creditor-claim windows are confirmed directly against California Probate Code 9100 and New York SCPA 1802 (primary state statute text). The SSA $255 lump-sum death payment's exact dollar amount and 2-year filing window, the estate EIN process, and the VA burial allowance's 2-year deadline were not independently confirmed with a fetched government quote in this research pass. Confirm exact numbers with SSA, the IRS, and the VA directly.

Steps, in order

  1. 1

    Report the death to Social Security

    The funeral home often reports a death to Social Security for you. If it does not, or you are not sure, call Social Security directly. Any benefit payment received for the month of death or later usually has to be returned.

    Agency: Social Security Administration
  2. 2

    Ask Social Security about the one-time death payment

    Social Security offers a one-time payment to some surviving spouses or children. Ask SSA for the current amount and the deadline to apply. This page did not confirm those exact numbers.

    Agency: Social Security AdministrationSSA-8
    DeadlineThe date of deathSSA's own materials describe a filing window measured in years, not months. Confirm the exact window directly with SSA.
  3. 3

    Find out when the creditor claim window opens in your state

    Once a court names a personal representative or executor, most states start a clock for creditors to file claims against the estate. That clock's length and starting point vary by state.

    Agency: State probate court
    Hard deadline, no exceptionsThe date letters are first issued to a personal representative or fiduciaryCalifornia requires the later of 4 months from letters issued or 60 days from direct notice to a known creditor. New York uses a different 7-month window from letters issued. This window is set by state law and varies; confirm your own state's rule.

    A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the date letters are first issued to a general personal representative. (2) Sixty days after the date notice of administration is mailed or personally delivered to the creditor.

    From California Legislative Information, California Probate Code 9100Retrieved 2026-07-11

    If any claim is not presented within 7 months from the date of issue of letters, the fiduciary shall not be chargeable for any assets or moneys that he may have paid in good faith in satisfaction of any lawful claims

    From New York State Senate, Surrogate's Court Procedure Act 1802Retrieved 2026-07-11
  4. 4

    Get an EIN for the estate before opening an estate bank account

    An estate usually needs its own EIN. This is separate from the deceased person's Social Security number. Get the EIN before you open an estate bank account or file an estate tax return.

    Agency: IRSSS-4
  5. 5

    Ask the VA about burial benefits if the person was a veteran

    The VA describes help with burial and plot costs for an eligible veteran. There is a filing deadline for the burial allowance claim itself, though headstone and marker requests can work differently. Confirm both deadlines directly with the VA.

    Agency: Department of Veterans Affairs21P-530EZ
    DeadlineThe date of the veteran's burialVA materials describe this deadline in years, not months, for the burial allowance claim. This page did not independently confirm the exact figure.

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Last reviewed 2026-07-11

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