Steps To Take When Someone Has Died

Losing a loved one is always a very difficult time. During the grieving process, it can be difficult to know what steps to take when someone has died.

What to do when someone dies

1. Register the death

When dealing with the death of a loved one, the starting point would be to register the death with your local registrars within 5 days (8 days in Scotland) – this includes weekends and bank holidays.

It is essential that you register the death so that a death certificate can be issued. Any institutions with whom the deceased had dealings (including solicitors) will need sight of the certificate before they can release information about the estate or Will. It is always a good idea to obtain more than one copy of the death certificate at the time of registering the death, as they cost more if requested at a later date.

2. Tell the Government about the death

You will need to inform the Government of the person’s death. The Tell Us Once service allows you to inform all the relevant Government departments when someone has passed away. If you cannot use Tell Us Once, you can inform the Government yourself (further information here).

You will have to inform banks, utility companies, and landlords or housing associations about the person’s death yourself.

3. Check if they had made a Will

You will need to check whether or not the deceased had a Will. If the deceased had not mentioned a Will to you during their lifetime, it may be a good idea to check through their paperwork, to see if you can locate a copy of their Will or any correspondence or letters from local solicitors or banks who may hold the Will.

Sometimes locating Wills can be very challenging, and in cases whereby ‘homemade Wills’ have been made, their validity is often questioned. We, therefore, recommend that Wills are made by and stored with your solicitor. If you are unable to locate a Will or if you have concerns that the Will you have located is not the most recent Will, it is possible to carry out a Will search.

It is the executors named in the Will who have the legal authority to deal with the estate administration and arrange the funeral. The Will may contain funeral wishes so locating it at an early stage is important.

If you find that the Will is lodged with a solicitor then the named executor(s) will be able to obtain it from the solicitor, on production of the following documents:

4. Arrange the funeral

After the death has been registered, the funeral can then usually take place. This can be arranged via funeral directors or you can do it yourself. Further information concerning funeral arrangements and costs can be found here.

5. Benefits

Check if you are eligible to receive different types of bereavement benefits, which include:

• Bereavement Support Payment
• Statutory Parental Bereavement Pay and Leave
• Guardian’s Allowance

Depending on your relationship with the deceased, you may need to look into your tax, benefit claims and pension as these may change as a result of the person’s death.

6. Bereavement support

7. Value the estate, check if inheritance tax needs paying and apply for probate

For inheritance tax purposes, you will be required to estimate the value of the estate (e.g. property, money and possessions) of the deceased. If any inheritance tax is due this will need to be paid.

You might then need to apply for probate before dealing with the administration of the deceased person’s estate. Further information on applying for probate can be found here.

8. Administer the estate

If a Will exists, the solicitors who prepared it may offer to assist the executor(s) in dealing with the estate administration as they will know what legal steps need to be taken to ensure that the estate administration is performed properly and in accordance with the executors’ legal duties. The solicitor will be able to arrange an appointment with you and will advise you on what you will need to take to the appointment.