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Documents & Possessions

The executor or administrator of an estate is legally responsible for gathering the assets of the deceased. If they are not involved immediately after a person’s death, others need to take steps to gather and protect the deceased’s property.

Dealing With Property After Death

Documents and assets of the deceased should be kept safe and preserved. Doing this will make it easier for the person who is charge of the estate to fulfill their duties. If this person is not immediately available, someone else may need to protect the deceased’s assets until they are available.

Papers & Documents

People close to the deceased may know where important documents are. Examples of these are:

  • a Will or duplicate Will with notes on the location of the original
  • the contents of the deceased person's wallet, purse or briefcase
  • credit card or bank account statements
  • statements for utilities
  • life or property insurance policies
  • health insurance documents
  • income tax or social insurance information
  • unopened mail and information on magazine or other subscriptions

People other than the executor are not expected to go out of their way when gathering up these sorts of things. That should be left to the executor as much as possible. However, if others happen to come across such materials, they should keep the documents safe. Having these things available will make sure that the deceased's estate is in order.

Also, things such as credit cards or phone cards should be secured to prevent fraudulent use and loss to the estate. They should be turned over to the executor or administrator of the estate if there is one. The issuing company should also be advised of the death as soon as possible.

Physical Property

Most property issues and duties can be dealt with later by the person handling the estate. However, there may be immediate concerns that need to be tended to. If there is no executor, relatives or friends may be able to do what is required in the immediate aftermath of the death. In some cases, having the death certificate may be necessary to deal with the deceased's property.

Vehicles

If the deceased had a vehicle, it may need to be moved to a safe place. Before moving the vehicle, you should make sure that the registration and insurance are up to date. If they are not, leave the vehicle where it is. Make sure you leave it locked and as secure as possible. Give the keys and any valuable contents to the executor or administrator as soon as possible.

If the vehicle is properly registered and insured, it may be desirable to move it to a safe location. Perhaps the vehicle was left on the street or in a parking lot. In such a case, whenever it is practical, the vehicle should likely be moved to the deceased person's residence. The vehicle should not be driven any more than necessary until the executor or administrator can give directions on what to do with it.

Residence

You may need to access the deceased person's residence. If they have any pets, they made need to be taken care of. You should also make sure that there are no hazards, such as appliances that are left on. You may need to take in the mail or newspapers. Valuables may need to be secured or protected. Again, the executor or administrator should do these things as much as possible. However, if circumstances prevent this, then these kinds of tasks may be left to close relatives or friends.

Technically, only the executor or administrator has a legal right to deal with the property of the deceased. This may make a landlord reluctant to give access to a rented home to anyone else. However, a landlord may help out in this regard if they can be assured that access is only for the limited purpose of securing the property.

If you do access the deceased person's residence, do only what is necessary. The executor or administrator should otherwise be in charge of handling the property. It is not the duty of others to deal with the deceased's estate. Rather, they simply need to secure assets, protect property, and gather any relevant information that they come across. This is all with the aim of helping the executor or administrator fulfill their duties.

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PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.