What to do when someone dies and when to contact a solicitor?

Dealing with a death can be a difficult process for anyone and it is natural for people to worry about how to deal with death both emotionally and administratively. This rough guide aims to set out what you, as an Executor (someone who is appointed to deal with a person’s Estate by a Will) or an Administrator (who acts if there is no Will or if no executors can are able/willing to act themselves), should do following a death. It is important to note that the individual circumstances surrounding a death can effect the process in different ways and this note is not exhaustive.

1) Register the death

The death should be registered within 5 days (8 days in Scotland), this includes weekends and bank holidays. The death can be registered online via the Government website.

2) Arrange the funeral

When the funeral takes place can vary, but often they occur between one to two weeks after the death. Arranging the funeral can be done by a funeral director or by yourself or other friends or family of the deceased. The costs of the funeral can be paid for:

• By you, or other family members or friends;
• Through a financial scheme the deceased had (e.g. a pre-paid funeral plan or from an insurance policy), or;
• From funds held in a bank/building society account or with National Savings by the deceased. No Grant of Representation (also known as Probate) is needed for this, and the organisation will make payment direct to the undertaker. Wake costs cannot be paid in this way though.

3) Tell the appropriate organisations

Before you are able to figure out any tax liabilities or apply for a Grant of Probate, you will need to inform all the appropriate organisations of the death. this can include but is not limited to banks, utility companies, landlords, pension schemes etc. Debts owned by the deceased must be identified too. A solicitor can be instructed to help do this on your behalf as a number of questions should be asked to make sure the correct information is obtained.

4) Calculate any Inheritance Tax liabilities and apply for Probate

Probate is not necessary for all Estates and not every estate qualifies for inheritance tax. Again, a Solicitor will be able to help guide you in the right direction here and advise what can be done to minimise, or reduce any tax liability.

5) Deal with the Estate

The last step is to pay any debts and tax owed by the Estate, followed by distributing the Estate as set out by a Will or by the Law.

DPM Legal have created a short video explaining the Probate process which can be viewed below:

Although every effort has been made to ensure that the information provided in this article is accurate and correct, the information provided does not constitute any form of advice.