Should You Call a Funeral Home or Probate Attorney First?
Should You Call a Funeral Home or Probate Attorney First?
If you’ve recently lost a loved one, you’re likely overwhelmed with questions—and unsure what steps to take first. Do you call the funeral home? The probate court? A lawyer? In this post, we’re walking through that tough first week with real-world advice from a licensed funeral director right here in Middle Georgia.
This blog is based on our YouTube interview with a local funeral professional who explains the first steps families need to take after a death—especially when a house or estate is involved. Whether you’re in Warner Robins, Byron, Perry, Bonaire, or anywhere in Georgia, this guide will help you understand what comes first, who to call, and how to avoid common mistakes that could cost time and money.
Watch the Full Video
Step One: Contact the Funeral Home
When someone passes away, the very first call should be to a funeral home. If the death occurred at a hospital or hospice, they’ll help coordinate. But if your loved one passed at home, especially if under hospice care, you need to call the funeral home directly.
The funeral home will handle:
Removing your loved one from the home
Coordinating with the doctor or hospice nurse for the death certificate
Scheduling arrangements, cremation or burial, and memorial plans
It’s an emotional time, and the funeral home director becomes your guide during the first 24–48 hours.
Step Two: Gather Documents and Notify Key People
You don’t need to rush to court the next morning—but there are a few things you do need to gather within the first few days:
Legal ID and Social Security Number of the deceased
Any pre-paid funeral or burial policies
A copy of the will (if there is one)
Deed or mortgage info if there’s real estate involved
A list of heirs or family members
The funeral home typically provides multiple copies of the death certificate, which you’ll need for banking, insurance, and the probate court. Be prepared to order at least 10–15 certified copies—they go fast.
Step Three: Decide if Probate is Needed
Not every death requires probate. If there’s no house, no investments, or all assets were jointly owned, probate may not even be necessary. But if there is a house—and especially if it’s just in the deceased’s name—you’ll likely need to file for probate before anything can be sold or transferred.
Here’s how it breaks down in Georgia:
If there is a will: You’ll file for probate with the will and request to be named the executor.
If there is no will: The court will require a petition to be appointed administrator of the estate.
You’ll typically wait 30–45 days after the death to file, but in cases where mortgage payments, utilities, or maintenance are time-sensitive, you need to start the process sooner.
If you need help deciding what to do with the house, Schedule a Call with us.
Why Probate and Real Estate Go Hand in Hand
As a real estate problem solver, I’ve worked with families across Middle Georgia who inherited property—many didn’t even realize they couldn’t legally sell the house until probate was done. In some cases, the house goes into foreclosure before probate can be finished.
This is why having the right people on your side matters. The funeral home helps you through the first week. A probate attorney helps you through the next 6 months. And if there’s property involved, I’m here to guide you through the entire journey.
Frequently Asked Questions
How soon should I contact the funeral home after a loved one passes?
Immediately—especially if your loved one passed at home. The funeral home handles removal, coordination, and arrangements.
Can the funeral home help with the death certificate?
Yes. They coordinate with the doctor or hospice nurse and provide multiple copies. You’ll need several for probate, banking, and insurance.
Do I need to file probate in Georgia if there’s a will?
Yes. Even with a will, probate must be filed with the court so an executor can be officially appointed.
What if there’s no will?
You’ll file for “Letters of Administration,” and the court will assign a legal representative to manage the estate.
Do I need a probate attorney in Georgia?
Not always—but if there’s real estate, heirs with disputes, or creditors involved, it’s strongly recommended.
When can I sell a house in probate?
After the court appoints an administrator or executor and grants legal authority. It’s best to talk to both your probate attorney and a real estate agent experienced in probate sales.
Need Help with a Probate House in Middle Georgia?
If you’re dealing with probate and there’s a house involved in Warner Robins, Byron, Kathleen, Perry, or anywhere nearby—don’t wait until it becomes a bigger problem. I help families navigate both probate and the real estate process so they can move forward with peace of mind.
👉 Book your free probate consultation here
