The death of a spouse is an emotional and life-altering event. Amid the grief and shock, many surviving spouses are faced with a wave of responsibilities—legal, financial, and administrative—that must be addressed quickly and thoughtfully. On Oahu, these tasks are often complicated by Hawaii’s unique estate laws and high cost of living. Understanding what steps to take, and when to take them, can bring much-needed clarity during a difficult time. Partnering with a professional experienced in Oahu estate administration can also help ensure that nothing critical is missed.
Gather Essential Documents Immediately
In the days following a spouse’s death, there are a few key steps that need immediate attention. You will need multiple certified copies of the death certificate, which can be obtained through the funeral home or county records office. These documents are essential for handling bank accounts, insurance claims, and other administrative matters.
If your spouse had a will or trust, locate those documents right away. The executor or trustee will use them to begin administering the estate. If no estate plan exists, the estate will go through probate under Hawaii’s intestacy laws, which dictate how assets are distributed in the absence of a will.
Read more in our article, A Guide for First Time Executors, if you’re becoming an executor for the first time.
Notify Government Agencies
It’s also important to notify the Social Security Administration (SSA). Ask the funeral home if they will report the death to Social Security if you provide them with your spouse’s Social Security Number. The SSA manages death reports for Medicare recipients as well. If your spouse was receiving Social Security benefits, those payments will stop, and you may be eligible for survivor benefits. This could mean receiving 100% of your spouse’s benefit if you are at full retirement age. Be prepared to provide documentation when applying.
Begin Managing Accounts and Notify Financial Institutions
Once the initial notifications are complete, begin working through the financial landscape. Start by determining how bills are being paid—whether through joint accounts, your spouse’s individual account, or your own. Then contact all financial institutions, including banks, credit card companies, and investment firms, to update account ownership. Joint accounts typically transfer automatically, but individually held accounts may need to go through probate before they can be accessed.
If your spouse had a life insurance policy, now is the time to file a claim. In addition, review their employer benefits or retirement accounts such as IRAs or 401(k)s. As the surviving spouse, you may have options for how these funds are inherited. Inherited retirement accounts have specific rules, and working with a qualified estate attorney can help you make the best decision based on your age and financial goals.
Notify utility companies, mortgage lenders, and service providers of your spouse’s passing. In Hawaii, mortgages are not automatically transferable—even if your name is on the loan. You may need to refinance the loan under your own name or pay it off entirely, depending on your financial situation.
Settle the Estate and Navigate Probate if Needed
Estate administration in Oahu may involve probate, depending on how your spouse held their assets. Assets that do not have a named beneficiary—such as those not held in a trust or lacking transfer-on-death designations—will likely need to pass through the probate process. This can be complex and time-consuming without legal guidance.
On the other hand, if your spouse established a trust, many of their assets may pass directly to named beneficiaries without court involvement. An experienced probate and trust attorney can help determine which assets fall under probate and ensure that all necessary steps are taken, including paying debts, filing tax returns, and distributing property in accordance with the will or Hawaii state law.
Update Legal Documents and Ownership Records
After the initial estate matters are addressed, it’s important to review and revise your own estate plan. If your spouse was named as your executor, trustee, or power of attorney, you will need to appoint new individuals to take on these roles. Similarly, update any retirement accounts, insurance policies, or bank accounts where your spouse is listed as a beneficiary.
Review property ownership as well. In Hawaii, you may need to file updated deeds to reflect that you now hold sole ownership of your home or other real estate. This process helps ensure that your property title is accurate and that your estate is in order should anything happen in the future.
Consider Your Future Financial Stability
As the surviving spouse, you may need to adjust your financial plan to reflect the shift to a single income. Assess your new budget, cash flow, and investment strategy. Determine if you will continue to receive any pension or annuity income. The death of a spouse may also affect your tax situation, including eligibility for the federal capital gains exclusion on the sale of your home. In most cases, surviving spouses can take advantage of the $500,000 exclusion—but only if the sale occurs within two years of the death.
Working with professionals in financial planning and Oahu estate administration can help you make thoughtful decisions and maintain stability as you move forward.
Checklist for Surviving Spouses:
- Obtain death certificates from the funeral home or county office—request multiple copies.
- Locate estate documents, including wills and trusts, and begin the administration process.
- Notify Social Security, banks, insurance providers, and creditors promptly.
- Claim life insurance and survivor benefits, and review employer-sponsored plans or pensions.
- Update ownership on bank accounts, property deeds, and investments.
- Work with an estate attorney to understand which assets are subject to probate under Hawaii law.
- File necessary tax returns, including a final income tax return and, if applicable, estate tax returns.
- Review and revise your estate plan, updating beneficiary designations and legal roles.
- Assess financial needs going forward, including income sources, investment risk, and living arrangements.
- Seek professional guidance to navigate the emotional and legal complexities of estate administration in Oahu.
If you’re facing the loss of a spouse and unsure where to begin, know that help is available. At 3FG Law, we provide compassionate, experienced guidance in Oahu estate administration to help you take care of what matters most. Book a call with our team and take the next step toward clarity and peace of mind.
References: Principal Financial Group (Dec. 19, 2023) “What to do when your spouse dies: a financial checklist” and Forbes (April 20, 2023) “What To Do After The Death Of A Spouse”
