When the Person Who Died Owned a Business
Managing not just a death but the end — or continuation — of someone's life's work. This page provides an overview. For any business with employees or significant assets, consult a business attorney.
Business accounts after a death are more complex than personal accounts. Employees, vendors, clients, and landlords depend on decisions you make quickly. At the same time, you are a person who has lost someone. The business will not collapse in a day. Get a business attorney first. Then take the next step.
Immediate priorities — first week
- Determine the business entity type. This determines who has authority to act:
- Sole proprietorship: the executor of the estate has authority over the business
- LLC or corporation: check the operating agreement or bylaws for succession provisions — there may be a designated successor, a buy-sell agreement, or instructions for dissolution
- Partnership: the partnership agreement governs. The surviving partner(s) may have authority, or the partnership may dissolve automatically upon death
- Secure business bank accounts. Notify the bank, same process as personal accounts. Bring the death certificate, your ID, and whatever business authorization documents you have.
- If there are employees: They need to be notified immediately. Payroll obligations continue. If payroll is processed through a service (ADP, Gusto, Paychex), contact them.
Business accounts to close or transfer
- Business bank accounts (separate from personal accounts)
- Business credit cards
- Business insurance (general liability, professional liability, workers' comp, property)
- Vendor accounts and supplier relationships
- Client contracts and ongoing service agreements
- Business subscriptions and SaaS tools
- Domain registrations and web hosting
- Business phone lines
- Office or retail lease agreements
- Business licenses and permits
Tax obligations
- Final business tax returns must be filed for the period up to the date of death
- If the business had employees: final payroll tax returns (Form 941) and W-2s for the year must be filed
- The business EIN should be closed with the IRS after all tax obligations are met
Consult a CPA or tax attorney. Business tax obligations after a death are complex enough to warrant professional help in almost all cases.
If the business is being continued or sold
A business can be sold as part of the estate settlement or continued by a designated successor if the business entity and agreements allow it. Either path has legal, tax, and liability implications that require an attorney.
If the business is being dissolved
- Close all business accounts
- Notify vendors, clients, and business contacts
- File dissolution paperwork with the state (Articles of Dissolution for LLCs and corporations)
- Pay outstanding debts from business assets
- Distribute remaining assets per the estate plan
- File final tax returns
- Cancel the EIN with the IRS
If you're reading this page, you're managing not just a death but the end — or continuation — of someone's life's work. That carries its own weight. You are still a person who has lost someone. The business matters may feel urgent because other people depend on your decisions. That urgency is real. But you are still allowed to take a breath before you take the next step.