What to do when someone dies: step by step

Let’s talk about death

We live in a society where death is the last taboo. When someone dies, there are certain things that need to be done, but this comes at a time when we feel overwhelmed and least able to manage.  Death denial is a natural human response to the fear of death, but silence around death makes it all the more shocking when a loved one passes away.  The steps below outline the main areas that you will need to cover from the day your loved one passes away until the day the estate administration is completed.

What happens next

During the first few hours after a loved one has died, it can be difficult to know what to do with yourself. Knowing where to start and taking that first step can be the hardest bit. There is no rush to deal with the administration of the deceased’s estate and you can take your time in dealing with this. Some people prefer to deal with things straightaway whilst others choose to focus on the funeral first.

How to register the death

You first need to register the death. The death must be registered within five days in England, Wales and Northern Ireland and within eight days in Scotland. The registration should normally be done at the nearest register office to where the person died.  If a coroner needs to be involved, the time frames will differ.

A relative registers the death or someone who was with the deceased when they died. You should telephone the registrar for an appointment. You will need to bring to the appointment the medical certificate detailing the cause of death.  You will be given the death certificate and you should ask for several copies.

Arranging the funeral

Once you have received the death certificate from the registrar, you can organise the funeral. Some people leave instructions about their funeral saying whether they want to be buried or cremated. These are sometimes left with the Will and it is worth contacting the solicitors to check whether they have such instructions with the Will. If there are no instructions from the person who has died, it is usual for family to agree the funeral arrangements.

How to pay for the funeral

Even though the deceased’s bank accounts will be frozen, banks and building societies will always release funds to pay the funeral account, if there are sufficient funds in their account.

Letting everyone know

It is important to inform all the people and organisations who need to know that the person has died. Usually, this is dealt with by the executors or solicitors acting on behalf of the executors.

By using the government’s Tell Us Once service, you can notify multiple government departments of your loved one’s death, including H. M. Revenue & Customs, the local council and the Department for Work and Pensions.

What is involved in the administration process?

In many cases, it is necessary to go through a legal process known as obtaining the grant of probate (where there is a Will) or letters of administration (where there is no Will). The grant of probate and the letters of administration are legal documents which enable the personal representatives to make payments and administer the estate of the person who has died.

Estate administration refers to the process of sorting out a deceased person’s legal and tax affairs. This can include everything from bank accounts to personal belongings, property and cars. These items are collectively known as ‘the estate’. The personal representatives will need to:

• identify all the deceased’s financial affairs and consider how to deal with them
• value the estate
• complete the appropriate inheritance tax forms and deal with any inheritance tax due
• apply for the grant of probate allowing them to deal with the estate
• identify all beneficiaries
• gather in all the assets and where appropriate arrange their sale
• repay any debts
• distribute the estate according to the terms of the Will.

A grant of probate may not be needed in relation to property and bank accounts that are jointly held. Joint assets pass automatically to the surviving owner.

How can we help?

We can help with any or all of the aspects listed above. Sometimes, people want us to deal with all aspects of the administration of the estate on their behalf, including, for example, arranging for the house to be cleared. At other times, the personal representatives are happy to deal with some elements of the estate and we will deal with any other elements which are outside their area of expertise. Either way, we will be with you every step of the way, whenever you need us.