A Practical Guide to What Happens After Someone Dies

Losing someone close is one of the most difficult experiences we face. In the days and weeks that follow, families are often required to deal with a range of practical and legal tasks at a time of acute grief. This guide sets out what needs to happen, in roughly the order things tend to arise — not to add pressure, but to help you feel prepared.

We have also included a section at the end on reviewing your own estate plan after a bereavement — because losing someone often prompts people to think about their own arrangements, and that instinct is worth acting on.

The first few days after someone dies

The immediate priority after a death is obtaining a medical certificate that confirms the cause of death. This is issued by the attending doctor, or if the death has been referred to the coroner, it may take a little longer. You will need this certificate to register the death.

In the first few days, you will also need to locate the deceased's will, if they had one. The will is important both for the funeral (it may contain burial or cremation wishes) and for beginning to understand what the estate administration will involve. Common places to find a will include the deceased's home filing cabinet, their solicitor or will writer, a bank safe deposit box, or a will storage service.

You do not need to act on everything immediately. In the days following a death, the priority is simply to register the death, make funeral arrangements, and locate the will if one exists.

Registering the death

In England and Wales, a death must be registered within five days (unless the coroner is involved). You must register at the register office in the district where the death occurred — not necessarily where the deceased lived.

Typically, a close relative or the person present at death registers the death, though in some cases a funeral director can help with the process.

You will need to bring:

Once the death is registered, you will receive a death certificate (you will need several certified copies — one for each bank, financial institution, and other body that needs to be notified) and a green form (called a Certificate for Burial or Cremation) that allows the funeral to take place.

Notifying government and organisations

The government's Tell Us Once service allows you to report a death to most government departments and local councils in a single step. This covers HMRC, the Department for Work and Pensions, the DVLA, HM Passport Office, and others. You will be given access to Tell Us Once when you register the death.

In addition to government bodies, you will need to contact banks, building societies, pension providers, insurers, utility companies, subscription services, and anyone else the deceased had a financial relationship with. Keeping a record of each notification and the date it was made helps manage the process.

What is probate and when do you need it?

Probate is the legal process of establishing who has authority to deal with a deceased person's estate. If the deceased left a will, the executors named in the will apply for a Grant of Probate. If there is no will, a close relative can apply for Letters of Administration, which gives them similar authority.

Not every estate requires probate. It is generally not needed if:

For most estates that include property, significant savings, or investments held in the deceased's sole name, probate will be required before those assets can be transferred or sold.

Applying for probate

To apply for probate, the executors need to:

A straightforward probate application typically takes three to six months. Complex estates, disputes, or errors in the application can extend this considerably. The probate registry's current processing times can be checked on the government website.

Many families choose to handle probate themselves, particularly for simpler estates. Solicitors and specialist probate services can help where circumstances are more complex. Our probate support service explains how we can assist.

Dealing with bank accounts and assets

Banks and other financial institutions will freeze a deceased person's individual accounts when notified of the death. You will need to provide a certified copy of the death certificate to each institution.

Joint accounts typically pass automatically to the surviving account holder. The bank will usually need to see the death certificate but the process is generally straightforward.

Individual accounts will require probate before the funds can be released, unless the balance is below the bank's small estates threshold. Each bank has its own threshold, so it is worth contacting them early to understand their requirements.

Premium bonds, NS&I accounts and ISAs each have their own processes. Premium bonds are not transferable but the prize fund continues for 12 months after death. NS&I has a bereavement claim process. ISAs can be inherited by a surviving spouse or civil partner through the Additional Permitted Subscription allowance.

Pensions do not usually form part of the estate. They are typically distributed according to an expression of wishes completed by the deceased or at the discretion of the pension trustees. The pension provider will need to be contacted separately.

What happens to property?

What happens to property on death depends on how it is owned.

Joint tenants: When one joint tenant dies, the property automatically passes to the surviving owner by the right of survivorship. This happens regardless of what any will says. The surviving owner needs to notify the Land Registry with a copy of the death certificate to update the title.

Tenants in common: When a tenant in common dies, their share passes according to their will (or the intestacy rules if there is no will). Probate will usually be needed before the share can be transferred or sold. The property cannot be sold until both the will is proved and all beneficiaries or trustees consent.

If a surviving spouse or partner needs to sell the property but probate is still in progress, this can cause significant delays. Planning ahead — including ensuring your will and property ownership arrangements are aligned — prevents these complications. You can read more about tenants in common and joint tenants in our article on property ownership.

Debts, taxes and expenses

The estate is responsible for paying any debts the deceased owed at the time of death. Executors must pay all valid debts before distributing the estate to beneficiaries. If there is not enough money in the estate to pay all debts, the estate is insolvent and there is a specific order of priority for payments.

Beneficiaries are not personally liable for debts of the deceased unless they were a joint debtor (for example on a joint mortgage). However, they will only receive whatever is left after debts are paid.

Inheritance tax, if payable, must generally be paid before probate is granted. HMRC allows payment in instalments for property assets, but this still needs to be arranged and funded. The estate may need to take out a loan to fund the tax payment before assets can be released — this is one reason why having life insurance written in trust can be beneficial.

Income tax also needs to be settled for the period up to the date of death. HMRC will usually write to the executor about any tax due or refund owed.

When there is no will

When someone dies without a will, they are said to have died "intestate". The Rules of Intestacy determine who inherits from the estate. These rules follow a fixed hierarchy based on family relationships and do not take personal circumstances or wishes into account.

Under the intestacy rules, the estate passes first to a surviving spouse or civil partner (with a portion for children if the estate exceeds £322,000), then to children, then to other relatives. Unmarried partners receive nothing, regardless of how long they have been together or whether they were financially dependent on the deceased. Stepchildren also receive nothing unless they were formally adopted.

Without a will, there is also no executor. A close relative must apply for Letters of Administration to gain authority to administer the estate. This can complicate and delay matters, particularly if family members disagree about who should apply.

Family disputes and contested estates

Disputes over estates are more common than many people expect. They can arise from ambiguity in the will, claims by family members who were excluded, challenges to the validity of the will, or disagreements between executors and beneficiaries.

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people — including spouses, former spouses, cohabitants, children, and dependants — to make a claim against an estate if they feel insufficient provision was made for them. These claims can be costly and distressing for all involved.

A well-drafted will, together with a contemporaneous letter of wishes explaining any unusual provisions, significantly reduces the risk of successful challenges. Legal advice is essential if a dispute arises.

Reviewing your own estate plan after bereavement

Dealing with bereavement often prompts people to review their own arrangements — and that instinct is well placed. Going through the process of administering someone else's estate gives a very clear sense of what is involved, what works well and what causes difficulty.

After a bereavement, it is worth checking:

Bereavement is a difficult time, and there is no pressure to act immediately on your own planning. But when you feel ready, having these conversations is one of the most caring things you can do for the people who will one day face the same tasks you are going through now.

At Legacy Lines, we understand that estate planning conversations after a bereavement require sensitivity and patience. We are here whenever you are ready. You can reach us by completing our contact form or by calling 07944 205 553.

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