What to do when someone dies

Step 1: Establish If the Individual Held a Will

One of the first things to do when someone dies is to check whether they made a Will.

A Will confirms:

• Who is legally authorised to deal with the estate (the Executor)
• Whether there are any specific funeral wishes
• How the estate should be distributed.

If there is a Will, the named Executor is responsible for administering the estate.

If the person has died without a Will (known as dying intestate), an application for Letters of Administration will usually be needed instead of a Grant of Probate. The order of who is entitled to apply is set out in the Administration of Estates Act, typically starting with the closest relatives.

If you are unsure whether a Will exists, we can help you make the necessary enquiries.

Step 2: Register the Death

In England and Wales, a death must normally be registered within five days (unless the Coroner is involved).

A doctor will usually provide a Medical Certificate of Cause of Death. You must then contact the local Register Office to formally register the death.

The registrar will issue:

• A Death Certificate (you should obtain several official copies)
• A Certificate for Burial or Cremation (often called the “green form”)

You will need details such as:

• Full name
• Date and place of birth
• Address
• Occupation
• Marital status.

If you feel unable to manage this, our team can assist you with registering the death as part of our probate services.

Step 3: Arrange the Funeral

Funeral arrangements are often made before probate begins.

If there is a Will, it may include funeral wishes, although these are not legally binding. The Executor (or next of kin if there is no Will) generally has authority to make arrangements.

You may also need to consider:

• How the funeral will be paid for
• Whether there are prepaid funeral plans
• Whether funds can be released from the deceased’s bank.

If needed, we can guide you through these decisions sensitively and practically.

Step 4: Notify Organisations and Close Contacts

You will need to inform:

• Family and friends
• Banks and building societies
• Utility providers
• Pension providers
• Insurance companies
• Government departments.

The Government’s “Tell Us Once” service can notify certain departments simultaneously.

Once these immediate personal matters are handled and the funeral has taken place, the probate process usually begins.

Step 5: Dealing with Probate after Death

Probate is the legal process of administering someone’s estate.

The role of an Executor or Administrator involves significant responsibility and administrative work, including:

• Identifying all assets and liabilities
• Obtaining date-of-death valuations
• Preparing Inheritance Tax forms for HMRC
• Paying any Inheritance Tax due
• Applying for the Grant of Probate or Letters of Administration
• Selling or transferring property and investments
• Paying estate debts
• Preparing Estate Accounts
• Distributing the estate to beneficiaries.

For many people, handling probate after death while grieving can feel overwhelming.

We tailor our services to suit you. Some clients prefer to handle certain practical tasks themselves while we handle the legal and tax elements. Others ask us to take full responsibility for the entire administration.

A Quick Note on Risk

The Executors or Administrators of an estate are personally responsible for dealing with probate when someone dies.

This means:

• HMRC can impose penalties for incorrect Inheritance Tax reporting, even if mistakes are accidental.
• Errors in probate or Land Registry applications can cause significant delays.
• Distributing assets too early can expose you to personal financial risk.

Probate can take 12 months or longer, depending on complexity. Taking on the role without legal guidance requires time, attention to detail, and confidence in dealing with tax and legal processes.

Many of our clients decide that professional support is the safest and most efficient option. Read our guide for Executors here.

Get the Support You Need as an Executor

With over 125 years’ experience supporting generations of families, Burt Brill & Cardens provides clear, practical advice on what to do when someone dies in the UK.

When you contact us, you will speak to a compassionate and experienced member of our probate team. We will listen to your circumstances and guide you through the next steps.

📞 Call 01273 604123

📧 Email enquire@bbc-law.co.uk