Bereavement Centre:
what to do when someone dies

Losing someone close to you can make even simple decisions feel difficult. Our Bereavement Centre gives you clear, practical guidance on the steps that may need to be taken after a death, from registration and notifying organisations to probate and estate administration.

You do not have to work everything out at once. If you need legal help, our team can explain what applies to the estate, what you can deal with yourself and where professional assistance may protect you from delay, expense or personal risk.

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IF YOU NEED URGENT PRACTICAL GUIDANCE

The procedure differs if the death was unexpected, has been referred to a coroner or happened abroad. Follow the official GOV.UK guidance or contact the relevant registrar or coroner. If there is an immediate risk to anyone’s safety, call 999.

What to do immediately, depending on where the person died

If someone dies in hospital

The hospital ward, bereavement office or patient affairs team will explain the next steps. The Medical Examiner’s Office may contact you to discuss the proposed cause of death. The hospital will tell you whether the medical documentation will be sent to the register office or whether the death has been referred to the coroner. Ask the hospital when you should contact the register office and funeral director.

If an expected death occurs at home

A healthcare professional must verify the death. During the person’s GP surgery opening hours, contact the surgery and ask for advice and attendance. Outside normal hours, call NHS 111 and ask for an appropriate healthcare professional to attend. Once the death has been verified, the GP or Medical Examiner process can begin and the funeral director can advise about transfer arrangements.

If someone dies in a care home

The care-home staff will normally contact the relevant healthcare professional to verify the death and will explain the immediate arrangements. Ask who will contact the family, Medical Examiner’s Office, registrar and funeral director, and whether the death has been referred to the coroner.

If the death is sudden or unexpected

Call 999 immediately and explain what has happened. The emergency services will guide you. An unexpected death may be reported to the coroner, who will decide whether further investigation, a post-mortem or an inquest is required. The coroner’s office will explain when an interim or final death certificate can be issued and when funeral arrangements can proceed.

If someone dies abroad

Register the death with the local authorities in the country where it happened and contact the person’s travel insurer as soon as possible. The nearest British embassy, high commission or consulate can explain local procedures. If the person is to be brought home, certified translations, permission to remove the body and other documents may be required. Follow the country-specific and repatriation guidance on GOV.UK.

What should I do first after someone dies?

The exact procedure depends on where and how the person died. In a straightforward case in England and Wales, these are the main first steps:

01

Wait for the medical or coroner’s process.

The medical examiner’s office or coroner will normally explain when the death can be registered. A coroner’s involvement may change the timing and documents available.

02

Register the death.

Arrange an appointment with the register office when you are told the required medical documentation has been sent. Deaths are generally registered within five days after the register office receives the relevant documentation, although a coroner’s investigation can affect this.

03

Order death certificates.

Banks, insurers, pension providers and other organisations may ask for an official certificate. Consider how many certified copies are likely to be useful.

04

Arrange the funeral.

After registration, the registrar normally provides the certificate needed for burial or cremation. If there is a Will, check whether it records the person’s wishes, while remembering that arrangements may need to be made quickly.

05

Use Tell Us Once.

The registrar can give you a reference for the government’s Tell Us Once service. The service can notify many government departments in one process and the reference normally has to be used within 28 days.

06

Find the latest Will and important papers.

Look for the original Will and any codicils, details of solicitors, bank accounts, property, pensions, insurance, debts, tax records, digital assets, trusts and recent gifts. Do not remove staples, mark or alter the original Will.

07

Protect the estate.

Secure any empty property, tell the home and motor insurers, redirect post where appropriate and protect valuables and records. Do not assume that a bank card, online account or power of attorney can continue to be used after death.

08

Notify private organisations.

Tell banks, mortgage providers, insurers, utility companies, landlords, private pension schemes and subscription providers. Tell Us Once does not notify every private organisation.

TAKE CARE BEFORE DISTRIBUTING MONEY OR PROPERTY

Executors and administrators must deal with debts and taxes before distributing the estate. A personal representative who distributes too soon may have to meet an unpaid debt or tax liability personally. Take advice if the estate may be insolvent, disputed or subject to a claim.

Which situation applies to you?

There is a Will

The people named as executors are normally responsible for administering the estate and, if a grant is required, applying for a Grant of Probate. An executor does not automatically inherit unless they are also a beneficiary. If there is more than one executor, the options should be considered before anyone steps aside or takes action.

      There is no Will

      The estate is dealt with under the intestacy rules. The person entitled to apply for Letters of Administration is usually the closest eligible relative, beginning with a spouse or civil partner and then children aged 18 or over. An unmarried partner does not automatically inherit under the intestacy rules, although a separate claim may sometimes be possible. Early advice is particularly important for cohabiting partners, stepchildren and financially dependent relatives.

          You are not sure whether there is a Will

          Check the person’s papers, contact solicitors they used and make appropriate Will searches. Do not assume there is no Will simply because one has not been found at home. If an older Will is located, advice may be needed about whether it is the latest valid document.

              There is a disagreement or concern

              Get advice promptly if there is a dispute about the Will, who should administer the estate, funeral arrangements, the value or ownership of assets, lifetime gifts, financial dependence or a proposed distribution. Strict time limits can apply to inheritance claims, and a caveat may be appropriate in some probate disputes before a grant is issued.

                  Do I need probate?

                  Probate is the legal process used to obtain authority to deal with certain assets in an estate. Whether a grant is needed depends mainly on the type, ownership and value of the assets, and on the requirements of each bank or organisation.

                  A grant is commonly required where the person owned a property in their sole name or held substantial money or investments. It may not be required for some jointly owned assets that pass automatically to the surviving owner, or where an organisation is willing to release a smaller balance without a grant. Each asset provider applies its own requirements.

                  Where there is a valid Will, the grant is normally called a Grant of Probate. Where there is no Will, it is normally called Letters of Administration. A solicitor can help confirm whether a grant is required and who is entitled to apply.

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                  What does administering an estate involve?

                  Estate administration involves more than obtaining the grant. The personal representatives may need to:

                  • Identify the valid Will and the people entitled to act
                  • Identify and value all assets and liabilities at the date of death
                  • Consider jointly owned assets, trusts, business interests, overseas assets and lifetime gifts
                  • Determine the Inheritance Tax reporting position and arrange payment where required
                  • Apply for the appropriate grant
                  • Collect or transfer estate assets and deal with any property
                  • Settle debts, funeral expenses, tax and administration costs
                  • Deal with income or gains arising during the administration period
                  • Prepare clear estate accounts
                  • Distribute the estate to the correct beneficiaries only when it is safe to do so.

                  If Inheritance Tax is due, it is generally payable by the end of the sixth month after the death to avoid interest, and some payment will usually be needed before the grant can be issued. Tax rules are fact-specific, so obtain tailored advice rather than relying on a general threshold figure.

                  How The Legal Practice Solicitors can help

                  You can instruct us for a defined part of the process or for the full administration of the estate. At the outset, we will explain the work that is required, the information we need and the likely cost and timescale.

                  Grant-only service

                  Suitable where the executors or administrators are comfortable identifying the assets and liabilities and dealing with the estate after the grant, but would like us to prepare and submit the probate application and relevant Inheritance Tax forms within the agreed scope.

                  Full estate administration

                  We can manage the administration from initial asset enquiries through to collecting assets, settling liabilities, preparing estate accounts and distributing the estate. This may be appropriate where the family has limited time, the estate contains property or tax issues, or the personal representatives would prefer professional support throughout.

                  Advice on a particular issue

                  We can also advise on discrete matters such as intestacy, executor duties, missing beneficiaries, property, trusts, lifetime gifts, disputes, claims against an estate and concerns about an executor or administrator.

                  Our probate and estate administration fees

                  We provide a clear estimate before work begins. The figures below apply to straightforward matters. VAT is currently charged at 20%; if the VAT rate changes, the amount payable will be adjusted accordingly.

                  Service Published Fee Important Scope Note
                  Grant of Probate – non-taxable estate From £1,500 + VAT Grant-only work; estate administration and third-party charges are outside the stated scope.
                  Grant of Probate – taxable estate From £2,500 + VAT The exact fee depends on the tax reporting and complexity involved.
                  Full estate administration Usually 1%-3% of the gross estate + VAT; minimum £3,500 + VAT A personalised estimate is provided. Complexity, assets, beneficiaries, property, tax, trusts and overseas or business assets may affect the fee.

                  Likely disbursements and additional charges

                  Disbursements are amounts paid to third parties and are not retained by The Legal Practice Solicitors. Depending on the estate, they may include Probate Registry fees, official copies of the grant, bankruptcy searches before distribution, Trustee Act notices, property or share valuation fees, tracing-agent fees and overseas legal fees. The amount depends on the individual estate.

                  Electronic identity verification checks may be required. Where applicable, the charge is £15 plus VAT (£18 including VAT) per person. Conveyancing work for an estate property is not included in the probate fee and will be quoted separately. Additional charges may also apply if beneficiaries must be traced or foreign legal advice is required.

                  Grant of Probate only: what is not included?

                  • Reviewing the Will
                  • Advising on the probate process
                  • Preparing the probate application
                  • Preparing the relevant Inheritance Tax forms where appropriate
                  • Submitting the application to the Probate Registry
                  • Providing the Grant of Probate to the executors once issued

                  Grant of Probate only: what is not included?

                  • Collecting estate assets
                  • Paying liabilities
                  • Preparing estate accounts
                  • Distributing the estate
                  • Property sales
                  • Tax advice
                  • Ongoing estate administration

                  Full estate administration may include

                  • Identifying assets and liabilities
                  • Corresponding with banks and financial institutions
                  • Preparing Inheritance Tax forms
                  • Applying for the Grant of Probate or Letters of Administration
                  • Collecting estate assets
                  • Paying liabilities
                  • Preparing estate accounts
                  • Distributing the estate to beneficiaries

                  What may increase the cost?

                  • There is no valid Will
                  • Beneficiaries cannot be located
                  • The estate includes foreign, business, agricultural or trust assets
                  • There are several properties
                  • HM Revenue & Customs raises enquiries
                  • Inheritance Tax issues arise
                  • Additional meetings are required
                  • Executors disagree
                  • A claim is made against the estate

                  Typical timescales

                  A straightforward grant-only matter is generally estimated at approximately three to six months. Full estate administration typically takes six to eighteen months. Complex estates can take longer. All timescales are estimates and depend on matters such as asset information, Inheritance Tax, property sales, Probate Registry processing and third-party response times.

                  Payment of fees

                  We may ask for money on account during the administration. Full details will be provided in our client-care documents.

                  View our full probate fees

                  Who will carry out the work?

                  Our probate services are provided by experienced private client solicitors and legal professionals. Jasvir Patel, Consultant Private Client Solicitor, is responsible for supervising this area of work and has extensive experience advising executors, administrators and beneficiaries on probate and estate administration.

                  Jasvir is known for her approachable and compassionate manner. She advises on Wills, Probate, Estate Administration, Lasting Powers of Attorney and estate planning, giving clear and practical advice tailored to each client’s circumstances.

                  Lasith Hewasiliyange, Private Client Paralegal, assists individuals and families with Wills, Probate, Estate Administration, Lasting Powers of Attorney, Court of Protection matters and estate planning. He holds an LLB (Hons) and a Master of Laws (LLM) and works as part of the Private Client team under appropriate supervision.

                  When should I speak to a solicitor?

                  You may wish to obtain advice at an early stage if:

                  • The original Will is missing, damaged, unclear or may not be the latest Will
                  • The person died without a Will, particularly if there was an unmarried partner, stepfamily or estrangement
                  • There are doubts about mental capacity, pressure, forgery or the validity of the Will
                  • An executor does not wish to act, cannot be located or is in disagreement with another executor
                  • The estate may owe Inheritance Tax or includes significant lifetime gifts
                  • The estate contains a business, farm, trust, overseas asset, digital asset or complex property ownership
                  • The estate may not have enough money to pay all debts
                  • A beneficiary, creditor or dependent may make a claim
                  • There is conflict about funeral arrangements, possessions, occupation of a property or distribution
                  • A deadline is approaching or a grant may be issued before a dispute is resolved
                  • You are worried about personal responsibility as an executor or administrator

                  What should I bring to the first appointment?

                  Do not delay making contact if you do not yet have everything. If available, the following will help us understand the estate:

                  • The death certificate or interim death certificate
                  • The original Will and any codicils
                  • Your identification and contact details for other executors or close family
                  • A family tree, especially where there is no Will
                  • A preliminary list of property, bank accounts, investments, pensions, insurance, business interests, trusts and overseas assets
                  • Details of mortgages, loans, credit cards, tax and other liabilities;
                  • Information about significant gifts made in the seven years before death, if known
                  • Any urgent correspondence, court papers, caveat information or details of a dispute

                  Frequently Asked Questions

                  How soon should I contact a probate solicitor?
                  You can contact us as soon as you need guidance. Some immediate tasks, such as registration and funeral arrangements, do not require probate. Early advice can nevertheless be valuable where there is no Will, tax may be due, the estate is disputed or property and assets need protection.
                  Can funeral costs be paid before probate?
                  Banks will sometimes release money directly to a funeral director from the deceased person’s account if they receive the required documents. The bank’s own rules apply. A person who arranges a funeral should understand who is contracting with the funeral director and whether the estate is likely to meet the cost.
                  Does a power of attorney continue after death?
                  No. A Lasting Power of Attorney or Enduring Power of Attorney ends when the donor dies. Authority then comes from the Will and, where required, the grant, or from the intestacy rules and Letters of Administration.
                  Does a spouse or partner automatically receive everything?
                  Not necessarily. The answer depends on ownership of the assets, the Will and the intestacy rules. A spouse or civil partner may have legal entitlements, but an unmarried partner does not automatically inherit under the intestacy rules. Take advice on the particular circumstances.
                  Can I sell the deceased person’s home before probate?
                  A sale can sometimes be marketed and progressed, but a grant is generally required before the personal representatives can complete a sale of a property held in the deceased person’s sole name. The title and ownership arrangements should be checked.
                  How long does probate take?
                  Timescales depend on the estate, the tax position, the quality of the information available and Probate Registry processing. The firm’s current published guidance states that straightforward grant applications are often completed within three to six months, but this is an estimate and full administration usually takes longer.
                  What happens if an executor does not want to act?
                  An executor may have options including having power reserved or, in suitable circumstances, renouncing. The right choice depends on whether they have already dealt with the estate. Advice should be taken before signing documents or taking steps that may amount to acting as executor.
                  What if the estate has more debts than assets?
                  Do not pay selected creditors or distribute anything without advice. Insolvent estates have a particular order for paying expenses and debts, and incorrect handling can expose a personal representative to risk.
                  Can beneficiaries receive an interim payment?
                  Sometimes, but only when the personal representatives are satisfied that the estate will retain enough for tax, debts, expenses, claims and later adjustments. Estate accounts and appropriate safeguards should be considered.
                  Can someone challenge a Will or make a claim against the estate?
                  Potentially. The possible grounds and deadlines depend on the type of claim. Anyone concerned about validity, financial provision, ownership or the conduct of a personal representative should seek advice promptly and before the estate is distributed.

                  Compassionate, practical support

                  Every estate and every family is different. Our aim is to make the legal process understandable, give you a clear plan and provide as much or as little support as you need.

                  The Legal Practice Solicitors

                  122–126 Wembley Park Drive
                  Wembley Park
                  London HA9 8HP

                  Telephone: 020 8903 7017
                  Email: privateclient@thelegalpractice.co.uk
                  WhatsApp: 07880 927149

                  We offer appointments in person and by video, with additional meeting facilities available by arrangement.

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