Employer HR Checklist

There are two HR conversations to manage after a death: one with the deceased's employer, and possibly one with your own. Both have time-sensitive elements. This checklist covers both.

The deceased's employer

Notify HR promptly

Contact the HR department as soon as practicable — ideally within a few days of the death. You'll need to provide the date of death and, eventually, a certified death certificate. Ask HR for a complete list of benefits and what's needed to claim each one. Get a name and direct contact for your point of contact.

Final paycheck

The employer must issue a final paycheck covering all wages earned through the date of death. In most states, this must be issued promptly — often within 72 hours or by the next regular pay date. If payroll is by direct deposit, notify the bank not to return the funds automatically; the estate is entitled to wages earned.

Unused vacation and PTO

Most states require employers to pay out accrued, unused vacation time as part of the final paycheck. PTO policies vary more by state and employer. Ask HR specifically what the deceased had accrued and how it will be paid.

Employer-provided life insurance

Many employers provide group life insurance — typically 1–2x annual salary — as a standard benefit. Ask HR for the name of the insurer and the claims process. You'll need a certified death certificate and the beneficiary's information. Most group life claims are paid within 30 days of complete paperwork.

401(k) and retirement accounts

The 401(k) balance passes directly to the named beneficiary, outside of probate. HR can provide the plan administrator's contact information. The beneficiary will need to contact the plan administrator directly to initiate a claim and choose how to receive the funds (lump sum, rollover to an IRA, or installments).

Spouses who roll over a 401(k) into their own IRA can defer taxes. Non-spouse beneficiaries have different rules under the SECURE Act and should consult a financial advisor before deciding.

Pension

If the deceased was receiving pension payments, notify the pension administrator immediately — overpayments must be returned. If the deceased was still working or had a deferred pension, ask about survivor annuity options and any applicable deadlines to elect a benefit form.

COBRA — the deadline that matters most

If surviving family members were covered under the deceased's employer health plan, they have the right to continue that coverage through COBRA for up to 36 months. The election window is 60 days from the date of the qualifying event notice — not 60 days from the death itself.

HSA and FSA accounts

A Health Savings Account (HSA) with a named beneficiary passes to that beneficiary directly. If the beneficiary is the surviving spouse, it transfers as an HSA with full tax advantages. If the beneficiary is anyone else, the account becomes taxable income in the year of death.

Flexible Spending Accounts (FSAs) are typically forfeited at death for amounts not yet spent, though some plans have different rules. Ask HR.

Equity and stock compensation

If the deceased had unvested stock options, RSUs, or other equity compensation, the plan documents govern what happens at death — some plans accelerate vesting, others forfeit unvested shares. Ask HR for the equity plan administrator's contact and a copy of the relevant plan document.

Your own employer

Bereavement leave

Most employers offer bereavement leave — typically 3–5 days for an immediate family member. Ask HR what qualifies and whether documentation is required. Some states (Oregon, Illinois, California, and others) have laws requiring paid bereavement leave; check your state's rules.

If you need more time than your bereavement policy allows, ask about FMLA (if eligible), short-term disability, or using PTO.

EAP — Employee Assistance Program

If your employer offers an EAP, it often includes free counseling sessions, legal consultations, and financial advisory calls. These benefits are frequently underused. A brief call with an estate attorney or financial advisor through an EAP can save significant money and confusion during estate administration.