First 5 Steps to Take When a Loved One Dies

What Should I Do and What Needs to be Done?

A Personal Representative (PR) is someone that will need to administer the estate of the deceased. As a PR you will be legally responsible for the deceased money, property, or other possessions (referred to as assets) held within their estate.

Within every estate there will be at least one beneficiary who will inherit these assets and so it is the Personal Representatives responsibility to ensure all debts are paid before distributing the assets to the beneficiaries. This is known as an administrative period.

• Register the Death

When someone passes away, the medical fact of death must be verified by either a medical examiner or a coroner. The location of the death will be where the death is registered, as opposed to the area where the deceased lived.

Once the medical certificate has been issued, you can make an appointment to register the death. It is crucial to remember important documentation to bring with you, such as proof of ID, deceased proof of ID and proof of address. More information is available on the Gov.uk website: Register a death.

• Will

Check if there is a Will. This needs to be the original document and this can sometimes be hard to retrieve. The best place to look would be personal possessions as even a copy of the Will can help to locate where the original may be found. If in doubt, contact a local solicitor.

The Will takes effect on the death of the deceased and directs for how the estate should be passed and to whom it passes to. If there is no Will then default rules apply, where the estate will pass according to a pre-determined formula, known as the “Intestacy Rules”.

• Arranging the Funeral

Before proceeding with the funeral of the deceased, please make sure that the death is registered as you will need to provide the Death Certificate to the Funeral Directors.

Reasonable funeral expenses can be paid directly from a deceased bank account without need for probate issued. A law firm can assist you with this.

• Secure the Assets

The assets will need to be secured. Please see below some examples of those to contact:

1. Home insurance – will need to be up to date and policy’s renewed where appropriate. This is important where the property is to be sold further down the line.
2. Banks and other financial institutions- They will freeze the deceased sole accounts, in order to protect the funds, ensuring they are kept safe and secure.
3. Consider setting up a postal direction with Royal Mail, as where the deceased property remains unoccupied, this will make sure letters are directed towards the right person during the administration period. More information is available on the Gov.uk website: Dealing with the estate of someone who’s died.

• Do I Need Probate?

Probate is a document that allows asset holders such as banks to release funds to Personal Representatives. The PRs are then able to distribute to beneficiaries, either following the terms of the Will or the Intestacy Rules.

After a death, in many cases it is likely that Grant of Probate will need to be obtained. Some estates will also have a liability for Inheritance Tax to be made payable to HMRC. The amount of tax due must be calculated and paid within 6 months of the death.

Please note that this process can be complex and so it is advised that you seek expert advice.