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Someone Close Died: Your Complete Legal Action Plan (UK)

· 39 min

Note: The following scenario is fictional and used for illustration.

Emma sat in the hospital corridor at 6:47 am, clutching a manila folder of discharge papers. Her father David—68, always healthy, never missed a day of work—had died from a heart attack an hour earlier.

The nurse mentioned something about a medical examiner calling within 48 hours. The GP receptionist said "five-day deadline" for registration. The hospital asked about funeral arrangements.

Emma had no idea what to do next. David lived alone in a house worth £340,000. She didn't know if he'd made a will. She didn't know which bills to pay, which accounts to close, or whether she could even access his bank account to cover the funeral.

In 2024, 568,613 deaths were registered in England and Wales—each one leaving families facing the same urgent legal questions.

This guide takes you through every legal requirement, in order, with clear deadlines and exactly what you need to do at each stage.

Table of Contents

Your First 24-48 Hours: Critical Immediate Steps

The hours immediately after someone dies are disorienting. Your mind is processing grief while people ask for decisions about paperwork and arrangements.

Here's what you legally need to do first.

If the death happened at home:

Call the GP immediately. If the death was unexpected or you can't reach the GP, call 999.

The doctor will either visit or confirm the death remotely. They'll start the medical certification process, which must happen before you can register the death.

Don't move the body until the doctor has confirmed the death.

If the death happened in hospital or hospice:

The medical staff will handle the initial certification. Ask when you can collect the Medical Certificate of Cause of Death.

The hospital will store the body temporarily. You'll need to arrange for a funeral director to collect it once you've registered the death.

Secure the property immediately:

If the deceased lived alone, lock all doors and windows. Inform trusted neighbours if appropriate.

Collect valuables, important documents, and any medication for safekeeping. Don't cancel utility services yet—you'll need access to the property during probate.

Take meter readings for gas, electricity, and water. Photograph the condition of the property.

Look for the will:

The will determines who has legal authority to deal with the estate. Check obvious places first: desk drawers, filing cabinets, with the deceased's solicitor, or lodged with a bank.

If you find a will, it should name executors. Those people have legal responsibility for administering the estate.

If you can't find a will after thorough searching, the deceased may have died intestate. Intestacy rules will determine who inherits.

Gather essential documents:

You'll need these for death registration and probate:

  • Birth certificate
  • Marriage or civil partnership certificate
  • National Insurance number
  • Driving licence and passport
  • Bank statements and account details
  • Pension and insurance documents
  • Property deeds or mortgage statements
  • Recent utility bills

Make immediate notifications:

Tell close family members and the deceased's employer if they were still working. Cancel upcoming medical appointments and any imminent travel bookings.

Don't notify banks, insurance companies, or government departments yet. You'll handle most of these through the Tell Us Once service after registration.

Emma's father David died on Tuesday morning. The hospital gave her a "What to Do Next" leaflet. The medical examiner's office would contact her within 2 days to discuss the cause of death before she could register it.

She drove to David's house, locked the doors, and found his will in the desk drawer. It named Emma as sole executor. That gave her legal authority to deal with his estate.

Under the Medical Examiner system introduced September 2024, all deaths are now scrutinised by a senior doctor who wasn't involved in the deceased's care. This is a critical change from the previous system.

92.3% of deaths registered in 2024 occurred in the same year, meaning most families register within weeks of death.

You cannot register the death until the medical examiner approves the Medical Certificate of Cause of Death. This typically takes 1-3 days.

Understanding the Medical Examiner Process (New 2024 Rules)

If you've experienced a bereavement before September 2024, the process has changed. Understanding the new medical examiner system prevents confusion and anxiety while you wait to register the death.

What changed on 9 September 2024:

The statutory medical examiner system became mandatory for all deaths in England and Wales. Previously, only some deaths received this scrutiny.

Every death now goes through independent review before registration.

Who is the medical examiner:

A senior doctor who wasn't involved in the deceased's care. They're trained specifically in death certification and work independently of hospitals and GP practices.

Their role is quality assurance, not investigation. They're checking the proposed cause of death is accurate and complete.

What the medical examiner does:

They review the medical records and the proposed cause of death from the attending doctor. They contact the family (usually by phone) within 1-3 days.

During this call, they'll:

  • Explain the proposed cause of death in plain language
  • Ask if you have concerns about the care your loved one received
  • Answer questions about how and why they died
  • Address any worries about the death certification

This conversation is confidential. You can be honest about concerns. The medical examiner isn't there to defend the hospital or GP.

Your rights during this process:

You can raise concerns about medical care. You can ask questions about why death occurred when it did.

You can request that the death be referred to the coroner if you have serious concerns. The medical examiner can also refer the death to the coroner independently if they identify issues.

Timeline impact:

Death registration cannot proceed until the medical examiner approves the paperwork. This usually adds 1-3 days to the process.

The 5-day registration deadline doesn't start until the medical examiner passes the approved certificate to the register office.

If the medical examiner has concerns:

They may refer the death to the coroner. This doesn't necessarily mean something went wrong—it might just mean the cause of death needs investigation to be certain.

Coroner involvement delays registration significantly, often by several weeks while investigations complete.

Emma received a call from Dr. Singh, the medical examiner, 24 hours after her father died. He explained the heart attack was from natural causes—severe coronary artery disease David didn't know he had.

Dr. Singh asked if Emma had concerns about David's care. She didn't. The heart attack happened suddenly at home with no warning symptoms.

The medical examiner confirmed the death certificate would be sent to Leeds Register Office within 24 hours. Emma could book her registration appointment.

The medical examiner system aims to improve death certification accuracy and catch cases where coroner involvement is appropriate. For most families, it means a brief phone call and 1-2 days' wait before registration.

How to Register a Death in the UK (5-Day Deadline)

Death registration is your first legal deadline. It's free, takes about 30 minutes, and must happen before you can arrange a funeral or apply for probate.

The 5-day legal requirement:

You must register within 5 days from when the medical examiner or coroner passes the paperwork to the Register Office. This applies in England and Wales.

The deadline doesn't start from the date of death. It starts when the register office receives the Medical Certificate of Cause of Death from the medical examiner.

If you genuinely can't meet this deadline, contact the register office immediately. They understand bereavement makes administration difficult and may accommodate your circumstances.

Who can register the death:

  • A relative (including unmarried partners)
  • Someone present at the death
  • The person arranging the funeral
  • A hospital administrator (if death occurred in hospital)

You don't need to be the executor named in the will. Any qualifying person can register.

Where to register:

Register at the register office in the district where the death occurred. You can't register at any office—it must be the correct district.

Alternatively, use the "Tell Us Once by Declaration" service to give information at any register office. They'll pass it to the correct office. This adds 2-3 days but helps if you can't travel to the death district.

What to bring to the appointment:

Essential documents:

  • Medical Certificate of Cause of Death (issued by medical examiner)
  • Deceased's NHS medical card (if available)

Helpful documents:

  • Birth certificate
  • Marriage or civil partnership certificate
  • Proof of address (utility bill, council tax statement)
  • National Insurance number
  • Passport or driving licence

You don't legally need the birth certificate or marriage certificate, but they speed up the process. If you don't have them, the registrar will ask detailed questions instead.

The registration appointment:

The registrar will ask questions about the deceased:

  • Full name and any previous names
  • Date and place of birth
  • Usual address and how long they lived there
  • Occupation (including previous occupation if retired)
  • Marital status and spouse's details
  • Whether they received a pension or state benefits

Answer as accurately as you can. The information goes on the official death certificate and into national records.

The appointment typically takes 20-30 minutes. The registrar is understanding if you're emotional or can't remember specific details.

What you'll receive:

The registrar signs one original death certificate. This is the legal document that proves death occurred.

You'll receive:

  • A unique reference number for the Tell Us Once service (use within 28 days)
  • Information about Bereavement Support Payment (if you're a widow/widower)
  • A copy of the entry in the death register (free)

Death certificates cost £12.50 each:

Death registration is free, but copies of the death certificate cost £12.50 each. Order several at registration—they're more expensive to obtain later.

How many you need:

  • 1 for the funeral director
  • 1-2 for each bank or building society
  • 1 for each pension provider
  • 1 for life insurance companies
  • 1 for probate application
  • 1-2 spare for unexpected requests

Most people order 5-8 copies. Emma ordered 5 (total cost £62.50).

Alternative registration methods:

If you can't attend in person due to disability, distance, or other reasons, you can:

  • Give information by declaration at a different register office (they forward it to the correct office)
  • In exceptional circumstances, register by phone or video call (contact the register office to discuss)

You cannot register a death online. Registration must involve speaking to a registrar.

Emma registered her father's death at Leeds Register Office 3 days after his death. She brought his NHS card, birth certificate, and the medical certificate.

The appointment took 30 minutes. The registrar was kind and patient when Emma struggled to remember David's exact job title from 15 years ago.

She bought 5 death certificates (£62.50 total) and received a Tell Us Once reference number. She could now arrange the funeral and start notifying organisations.

Using Tell Us Once to Notify Government Departments

Tell Us Once saves you from making dozens of individual phone calls to government departments. It's free, takes about 15 minutes, and notifies most official organisations automatically.

What Tell Us Once does:

It reports the death to multiple government departments in a single notification. Those departments then update their records and stop payments, licences, and benefits.

Tell Us Once notifies:

  • HMRC: Stops tax records, PAYE, Self Assessment
  • Department for Work and Pensions: Stops State Pension, Pension Credit, Universal Credit, and other benefits
  • DVLA: Cancels driving licence and removes registered keeper details
  • Local council: Updates Council Tax, Housing Benefit, electoral register, Blue Badge, bus pass
  • UK Passport Office: Cancels passport (if you provide passport number)
  • Veterans UK: Updates armed forces pension records (if applicable)

The service operates across England, Wales, and Scotland (Northern Ireland has a different system).

The 28-day deadline:

You must use Tell Us Once within 28 days of receiving your unique reference number from the registrar.

After 28 days, the reference number expires. You'll have to contact each department individually.

How to use the service:

Two options:

Option 1: Online (easiest)

  • Visit gov.uk/after-a-death and click "Tell Us Once"
  • Enter your unique reference number from the registrar
  • Answer questions about the deceased (name, address, National Insurance number, benefit details)
  • Takes 10-20 minutes
  • Confirmation sent immediately

Option 2: By phone

  • Call 0800 731 0469
  • Have your reference number ready
  • Operator asks questions and completes notification for you
  • Available Monday-Friday 8am-6pm, Saturday 9am-4pm

Most people find online faster and more convenient. Use the phone service if you're not comfortable with computers or have complex circumstances.

What Tell Us Once does NOT notify:

This is critical—Tell Us Once only covers government departments. You must separately contact:

  • Banks and building societies
  • Credit card companies
  • Mortgage lenders and insurance companies
  • Private pension providers
  • Utility companies (gas, electricity, water, phone, broadband)
  • TV Licensing
  • Subscription services (Netflix, Amazon, newspapers)
  • The deceased's employer
  • Professional bodies and clubs

Death Notification Service for banks:

Since 2019, many banks participate in the Death Notification Service. This separate free service lets you notify multiple banks at once.

Check if the deceased's banks participate. If they do, you make one notification instead of calling each bank individually.

What happens after you use Tell Us Once:

Each notified organisation updates their records within 5-15 working days. You'll receive letters confirming:

  • Benefits and pensions have stopped
  • Tax records are closed
  • Council Tax has been adjusted
  • Driving licence is cancelled

Keep these letters. They confirm the deceased's accounts are closed and prevent future billing errors.

Emma used Tell Us Once online the day after registration. She entered her reference number and answered questions about David's State Pension, Council Tax, and driving licence.

The process took 15 minutes. Two weeks later she received confirmation letters from HMRC (tax records closed), DWP (State Pension stopped from date of death), and Leeds City Council (Council Tax single-person discount applied to the property until probate).

Tell Us Once prevented Emma from making 8 separate phone calls to different departments. But she still needed to contact David's bank, pension provider, utility companies, and broadband provider separately.

You cannot legally bury or cremate someone until the death is registered. But you can start planning while waiting for the medical examiner to approve certification.

Check the will first:

The deceased may have left specific funeral wishes in their will or a separate letter of wishes. Common instructions include:

  • Preference for burial or cremation
  • Religious or non-religious service
  • Specific hymns, readings, or music
  • Organ donation or body donation to medical science
  • Where they want to be buried or ashes scattered

These wishes aren't legally binding, but most families try to honour them. If the will specifies burial but you want cremation, you can choose cremation—but expect family conflict.

Legal requirements before burial or cremation:

You must have either:

  • The death certificate (from registrar after registration), or
  • A coroner's certificate (if the coroner investigated the death)

The funeral director or crematorium will not proceed without one of these documents. No exceptions.

Choosing a funeral director:

You're not legally required to use a funeral director. You can arrange a direct burial or cremation yourself.

However, 95% of families use funeral directors because they handle:

  • Collection and storage of the body
  • Preparation and presentation of the deceased
  • Provision of coffin
  • Coordination with cemetery or crematorium
  • Transport on the day
  • Paperwork and death certificate delivery

Get written quotes from 2-3 funeral directors. Prices vary significantly even in the same area.

Average funeral costs in the UK:

The average cost of a cremation in the UK is £3,000-£5,000, while burial costs range from £4,000-£6,000, including funeral director fees, crematorium or burial charges, basic coffin, and simple service.

Additional costs:

  • Flowers: £100-£300
  • Order of service printing: £50-£150
  • Wake venue and catering: £200-£800
  • Memorial headstone: £800-£2,500

Direct cremation (budget option):

Direct cremation costs £1,000-£1,500. The body is collected, cremated without a service, and ashes returned to the family.

You can then hold a memorial service at a separate time and place (often at home or in a free community venue).

This option grew popular during COVID-19 and remains common for people who want a simple, low-cost arrangement.

Who pays for the funeral:

Funeral costs are paid from the deceased's estate. If the executor or family pays upfront, they're reimbursed from estate funds once probate is granted.

If the deceased had a bank account with sufficient funds, some banks release money for funeral expenses before probate. Ask the bank—they may release £5,000-£10,000 for this specific purpose.

If you're on a low income, you may qualify for Funeral Expenses Payment from the government (up to £1,000 towards costs).

Religious or cultural requirements:

Some faiths require burial within 24 hours (Islamic tradition) or strict handling requirements (Jewish tradition).

Inform the registrar if this applies. They'll prioritise registration and issue documentation quickly. The medical examiner and registrar understand time-sensitive religious requirements.

Emma contacted three funeral directors in Leeds. David's will requested cremation with no religious service—just a simple gathering for close family.

She chose a package at £3,800 including:

  • Collection from hospital mortuary
  • Basic cremation coffin
  • Crematorium fees
  • Funeral director coordination
  • 30-minute service slot at the crematorium

She paid using £5,000 released from David's bank account (the bank allowed this for funeral expenses pending probate). She'll account for this payment during probate.

Probate is the legal right to deal with someone's estate. Whether you need it depends on what the deceased owned and how it was owned.

What is probate:

Probate is the legal process of confirming someone has authority to administer an estate. It results in either:

  • Grant of Probate: Issued when there's a valid will (executors named in the will receive this)
  • Letters of Administration: Issued when there's no will (next of kin applies to be administrator)

Both documents give you legal authority to access bank accounts, sell property, and distribute assets to beneficiaries.

When you NEED probate:

You must apply for probate if:

  • The estate is worth more than £5,000 in total, AND
  • The deceased owned assets in their sole name (property, bank accounts, shares)

You also need probate if the deceased owned property (house, flat, land) even if the estate is under £5,000.

Most estates require probate. Probate is required if the estate is worth over £5,000, with an application fee of £300.

When you DON'T need probate:

Skip probate if:

  • The entire estate is worth under £5,000
  • Everything was jointly owned (passes automatically to surviving co-owner)
  • All assets were held in trust
  • The only asset is a small amount in a single bank account (each bank sets its own threshold, typically £10,000-£50,000)

Bank and financial institution thresholds:

Each organisation sets its own limit for releasing funds without probate:

  • HSBC: £50,000
  • Barclays: £50,000
  • Nationwide: £50,000
  • Lloyds: £50,000
  • Santander: £50,000
  • Most building societies: £5,000-£20,000

Contact each institution where the deceased held accounts. They'll tell you if they require probate or will release funds with just the death certificate.

Jointly owned property:

If the deceased owned property as "joint tenants" with someone else (common with married couples), ownership passes automatically to the survivor. No probate needed for that property.

If owned as "tenants in common," the deceased's share forms part of the estate and requires probate.

Check the property deeds or Land Registry documents to confirm which type of ownership applied.

Executor vs. administrator:

Executor: Named in the will. Has automatic legal authority to apply for probate and administer the estate.

Administrator: Applies when there's no will or the will doesn't name an executor. The closest living relative becomes administrator. Priority order: spouse, children, parents, siblings, grandparents, aunts/uncles.

Only the named executor or eligible administrator can apply for probate. If you're not one of these people, you have no legal authority regardless of family relationships.

Multiple executors:

A will can name up to 4 executors. All named executors should apply for probate together (maximum 4 names can appear on the grant).

If one executor doesn't want to act, they can sign a "renunciation" form to opt out. The remaining executors proceed.

If executors disagree fundamentally, this creates serious problems requiring legal advice.

David's will named Emma as sole executor. His estate included:

  • House: £340,000 (owned solely, no joint owner)
  • Savings: £28,000 (across three bank accounts)
  • Pension: £15,000 (death benefits paid to estate)
  • Car: £8,000
  • Personal possessions: £3,000

Total estate value: £394,000

Emma needed probate because:

  1. The estate exceeded £5,000
  2. David owned property in his sole name
  3. The bank accounts individually exceeded most banks' thresholds

David's bank (Lloyds) confirmed they wouldn't release the £28,000 in savings without a grant of probate, even though it was below their £50,000 threshold, because the estate also included property.

Understanding whether you need probate early helps you plan the timeline for distributing the estate.

The Probate Application Process: Step-by-Step Guide

Applying for probate involves valuing the estate, checking inheritance tax, completing forms, and waiting for the grant. The process is systematic but requires attention to detail.

Step 1: Value the entire estate:

List everything the deceased owned:

  • Property (get professional valuation or use online tools for estimate)
  • Bank and building society accounts (request balance at date of death)
  • Savings accounts and ISAs
  • Stocks, shares, and investments
  • Pension death benefits (if paid to estate)
  • Life insurance (if paid to estate)
  • Personal possessions (jewellery, furniture, car—realistic second-hand value)
  • Business interests or partnership shares

Deduct:

  • Outstanding mortgage and secured loans
  • Credit card debts and personal loans
  • Utility bills up to date of death
  • Funeral costs (actual or estimated)

This gives you the net estate value.

Step 2: Check if inheritance tax is due:

The inheritance tax nil-rate band is £325,000, with an additional residence nil-rate band of £175,000 when leaving your home to direct descendants.

Most estates pay no inheritance tax:

  • No IHT if estate under £325,000
  • No IHT if leaving everything to spouse or civil partner (spouse exemption)
  • No IHT if estate under £500,000 AND leaving main residence to children/grandchildren (residence nil-rate band applies)

More than 90% of estates have no inheritance tax liability.

Use HMRC's inheritance tax calculator to check your specific situation.

Step 3: Complete inheritance tax forms:

If no inheritance tax due:

Complete form IHT205 (return of estate information). This is a simpler form confirming the estate is below the threshold.

If inheritance tax IS due:

Complete form IHT400 (full inheritance tax account). This is complex and detailed. Consider using a solicitor or probate specialist.

Inheritance tax must be paid before probate is granted. The deadline is 6 months from the end of the month in which death occurred. After that, interest charges apply.

Step 4: Apply for probate:

Two application methods:

Option 1: Online (faster, cheaper, easier)

Option 2: Paper form PA1 (slower)

  • Download form PA1 from GOV.UK or request from probate registry
  • Complete by hand or type
  • Post with original will, death certificate, and IHT forms
  • Pay £300 fee by cheque
  • Paper applications take around 15 weeks

Most people use the online service. It's faster, tracks progress, and catches errors before submission.

Step 5: Wait for the grant:

Digital applications take approximately 2 weeks from submission to grant issue as of 2025. Paper applications take around 15 weeks. Complex cases take longer.

The probate registry may contact you if they need additional information or documents.

Once approved, you'll receive the grant of probate (or letters of administration). Order extra copies—most people need 2-3 (£16 per extra copy).

Step 6: Distribute the estate:

With the grant of probate in hand, you can:

  • Close bank accounts and transfer funds
  • Sell property
  • Transfer or sell shares and investments
  • Pay debts and funeral costs
  • Distribute assets to beneficiaries according to the will

Keep detailed records of every transaction. Beneficiaries can request estate accounts showing what you received and paid.

Costs of probate:

You can apply for help with probate fees if you're on low income.

Emma valued her father's estate at £394,000. She checked HMRC's guidance:

  • Standard nil-rate band: £325,000
  • Residence nil-rate band: £175,000 (applicable because David left house to his children)
  • Combined threshold: £500,000

David's £394,000 estate fell below the combined £500,000 threshold. No inheritance tax due.

Emma completed form IHT205 online, confirming no tax liability. Then she applied for probate digitally through GOV.UK's service.

Cost: £300 probate fee, paid by card.

She received the grant of probate 16 days later. She ordered 2 extra copies (£32) to provide to banks and the property buyer.

Understanding how long probate takes helps you set expectations with beneficiaries.

What Happens If They Died Without a Will (Intestacy)

When someone dies without a valid will, fixed legal rules determine who inherits. These intestacy rules often produce outcomes the deceased wouldn't have wanted.

What is intestacy:

Intestacy occurs when someone dies without a valid will, or their will is invalid or doesn't dispose of all their property.

The rules are set by the Administration of Estates Act 1925, amended by the Inheritance and Trustees' Powers Act 2014.

You cannot change these rules. The court cannot override them based on "what the deceased would have wanted." The law is rigid.

Who can apply to be administrator:

Without a will, there's no executor. The closest living relative applies to be administrator (receives Letters of Administration instead of Grant of Probate).

Priority order:

  1. Spouse or civil partner
  2. Children (adult children)
  3. Parents
  4. Siblings
  5. Grandparents
  6. Aunts and uncles
  7. More distant relatives

How the estate is distributed:

Scenario 1: Married with children

The spouse receives personal chattels (household items), £322,000, and half of the remaining estate. Children split the other half equally.

If children are under 18, their share is held in trust until they turn 18.

Scenario 2: Married, no children

The spouse inherits the entire estate. Simple and usually matches what people intend.

Scenario 3: Unmarried partners

Unmarried partners (even if living together for decades) inherit nothing under intestacy rules.

The deceased's children inherit first. If no children, the estate goes to parents, then siblings, then more distant relatives.

The unmarried partner can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this requires court proceedings, legal costs, and uncertain outcomes. Unmarried couples have no automatic inheritance rights under intestacy.

Scenario 4: No spouse, children inherit

The estate is divided equally between all children. If a child died before the deceased, that child's children (the deceased's grandchildren) inherit their parent's share.

Scenario 5: No spouse or children

The estate goes to:

  1. Parents (if both alive, they share equally)
  2. Siblings (if no parents alive)
  3. Half-siblings (if no full siblings)
  4. Grandparents
  5. Aunts and uncles
  6. Half-aunts and half-uncles
  7. The Crown (government) if no relatives found

The 28-day survivorship rule:

A spouse must survive the deceased by at least 28 days to inherit under intestacy.

If both die in the same incident or the spouse dies within 28 days, the estate is distributed as if the spouse had predeceased (children or other relatives inherit).

Problems intestacy causes:

  • Estate administration takes longer (administrator must apply for Letters of Administration, which involves extra steps)
  • Wrong people inherit (unmarried partners excluded, estranged relatives may inherit)
  • Inflexible distribution (can't account for individual needs or circumstances)
  • No guardians appointed (if children are minors, the court decides guardianship)
  • Increased family conflict (relatives may dispute who should be administrator)
  • Higher costs (legal fees to resolve disputes)

If David had died without a will, Emma and her brother would have inherited equally as his only children. Simple enough.

But if David had been in an unmarried relationship for 20 years, his partner would have inherited nothing under intestacy. His children would get everything.

The partner could claim under the Inheritance (Provision for Family and Dependants) Act 1975, but this involves:

  • Hiring a solicitor (£5,000-£15,000+ in legal fees)
  • Court proceedings (6-18 months)
  • Uncertain outcome (court discretion)
  • Family conflict (children fighting partner's claim)

Understanding what happens if you die without a will shows why making a will matters.

Bereavement Benefits: What Financial Support Is Available

Losing someone close creates financial pressure. Several government benefits provide support during bereavement.

Bereavement Support Payment (main benefit):

Tax-free monthly payment if your spouse, civil partner, or unmarried partner (if you have children together) dies.

Eligibility requirements:

  • You were married to or in a civil partnership with the deceased (or were an unmarried parent living together)
  • You were under State Pension age when they died
  • The deceased paid National Insurance contributions for at least 25 weeks in any one tax year, or died because of an accident at work or a disease caused by work
  • You're not in prison

Eligibility was extended to unmarried cohabiting parents in February 2023, covering deaths from 6 April 2017 onwards.

Two payment rates:

Higher rate (with dependent children):

  • First payment: £3,500
  • Then 18 monthly payments: £350 each
  • Total over 18 months: £9,800

Standard rate (no dependent children):

  • First payment: £2,500
  • Then 18 monthly payments: £100 each
  • Total over 18 months: £4,300

At March 2025, 50,000 people were receiving Bereavement Support Payment: 78% at standard rate, 22% at higher rate.

Critical deadline: claim within 3 months

If you claim within 3 months of the death, you receive all payments backdated to the date of death.

If you claim 3-12 months after death, you receive reduced payments (losing some monthly amounts).

If you claim 21 months or more after death, you receive nothing. The entitlement expires completely.

How to claim:

  • Online: GOV.UK Bereavement Support Payment service (fastest)
  • Phone: 0800 731 7898 (Monday-Friday 8am-6pm)

You'll need:

  • Death certificate
  • Your National Insurance number and the deceased's
  • Marriage or civil partnership certificate (or children's birth certificates if unmarried parents)
  • Bank details for payments

Claims usually processed within 2 weeks.

Impact on other benefits:

Bereavement Support Payment doesn't affect most other benefits for the first 12 months. After that, it's counted as income for means-tested benefits.

Other financial support:

Funeral Expenses Payment:

If you're on low income (receiving Universal Credit, Pension Credit, or other qualifying benefits), you may get up to £1,000 towards funeral costs.

You must claim within 6 months of the funeral. Visit GOV.UK Funeral Expenses Payment to check eligibility.

Guardian's Allowance:

If you're raising a child whose parents have both died (or one died and the other can't be found), you may receive Guardian's Allowance: £21.75 per week per child.

DWP Bereavement Service:

Free phone support: 0800 731 0469. Advisers help you understand what benefits you might be entitled to and guide you through claims.

Emma wasn't eligible for Bereavement Support Payment because she was David's daughter, not his spouse or partner.

If David's widow had survived him, she could have claimed BSP within 3 months. Assuming she had no dependent children, she'd receive:

  • First payment: £2,500
  • 18 monthly payments: £100 each (£1,800 total)
  • Total: £4,300 over 18 months

This benefit provides crucial financial support during the most difficult months after bereavement.

When a Coroner Is Involved: Inquests and Post-Mortems

Not all deaths can be registered immediately. About 40% of deaths are reported to the coroner for investigation.

When does the coroner get involved:

A death must be reported to the coroner if:

  • The death was sudden and unexplained
  • The death was unnatural or violent
  • The cause of death is unknown (even after post-mortem)
  • The person died in police custody or prison
  • The death may have been caused by an accident, poisoning, or injury
  • The doctor treating the deceased hadn't seen them in the 28 days before death

The medical examiner, hospital staff, or doctor will make the referral. You don't report deaths to the coroner yourself.

What the coroner does:

The coroner is a judicial officer (often a lawyer, sometimes a doctor) who investigates certain deaths to establish:

  • Who died
  • When they died
  • Where they died
  • How they died (the medical cause)

The coroner's role isn't to assign blame or establish criminal liability. That's for the police and courts.

Post-mortem examination:

The coroner may order a post-mortem (autopsy) to establish the medical cause of death.

You cannot refuse a coroner's post-mortem. It's legally required.

The pathologist examines the body and produces a report for the coroner. This usually takes 1-2 weeks.

You can request a second post-mortem by a different pathologist if you disagree with the findings, but you must pay privately (£3,000-£5,000+).

If the coroner issues an interim death certificate:

While investigating, the coroner can issue an interim certificate of fact of death. You can use this for:

  • Claiming benefits
  • Notifying insurance companies
  • Some administrative purposes

But you cannot use it for probate. You must wait for the final death certificate or coroner's certificate.

When an inquest is held:

The coroner must hold an inquest if there's reasonable cause to suspect death was due to anything other than natural causes.

Inquests are required for:

  • Deaths from non-natural causes (accident, suicide, homicide)
  • Deaths in state custody
  • Deaths where the cause remains unknown after post-mortem

Every effort is made to hold inquests within 6 months of death, though complex cases may take longer.

The inquest hearing:

Inquests are public hearings held in a coroner's court. The coroner (sometimes with a jury) hears evidence from:

  • Medical professionals
  • Police officers
  • Witnesses
  • Family members (if they wish to give evidence)

You can attend and ask questions through a lawyer or directly.

Most inquests are short hearings (half a day to one day). Complex inquests involving multiple deaths or systemic failures can last weeks.

The coroner issues a conclusion determining how death occurred. Common conclusions: natural causes, accident, suicide, unlawful killing, open conclusion (insufficient evidence).

Impact on funeral and probate:

You cannot register the death or hold a funeral until the coroner releases the body.

If a post-mortem confirms natural causes, the coroner usually releases the body within 1-2 weeks.

If an inquest is required, the body is typically released after the post-mortem (weeks before the inquest hearing). The coroner issues authority for burial or cremation while the investigation continues.

Probate is delayed until the coroner issues the final certificate or inquest conclusion.

Support during coroner investigations:

Coroners' Courts Support Service offers free independent support to bereaved families during inquests.

They can't give legal advice but help you understand the process, attend hearings with you, and provide emotional support.

If David had died suddenly at home with no known medical history, his death would have been referred to the coroner.

A post-mortem would establish the cause (heart attack from coronary artery disease). Assuming the post-mortem confirmed natural causes, the coroner would:

  1. Release the body for funeral (after post-mortem, about 7-10 days after death)
  2. Issue a certificate allowing death registration
  3. Not hold an inquest (death from natural causes doesn't require inquest)

This would add 1-2 weeks to Emma's timeline but wouldn't fundamentally change the process.

Understanding the full timeline helps you plan and reduces anxiety about what's coming next.

Day 0-2: Immediate aftermath

  • Doctor confirms death and starts medical certification
  • Medical examiner reviews cause of death
  • Contact close family
  • Secure property and valuables

Day 1-3: Medical examiner contact

  • Medical examiner phones to discuss cause of death
  • Answer questions, raise any concerns
  • Medical examiner approves certificate or refers to coroner
  • Certificate sent to register office (if approved)

Day 3-5: Register the death

  • 5-day deadline from when register office receives certificate
  • Attend register office with required documents
  • Pay for death certificates (£12.50 each)
  • Receive Tell Us Once reference number

Day 3-28: Use Tell Us Once

  • Must use within 28 days of registration
  • Notify government departments in single notification
  • Confirm notifications received within 2 weeks

Week 1-4: Arrange funeral and immediate notifications

  • Book and hold funeral (once death registered)
  • Contact banks to notify death and freeze accounts
  • Contact utility companies to notify death (don't cancel yet)
  • Look for the will
  • Identify and contact beneficiaries
  • Contact employer if deceased was working

Week 2-12: Value estate and prepare probate application

  • Request valuations for property
  • Contact all banks, building societies, and financial institutions for balances at date of death
  • Request pension valuations and insurance payouts
  • List all assets and debts
  • Calculate net estate value
  • Determine if inheritance tax is due

Week 8-16: Apply for and receive probate

  • Complete IHT forms (IHT205 or IHT400)
  • Submit probate application (online or paper)
  • Pay £300 probate fee (if estate over £5,000)
  • Wait for grant (2 weeks for digital, 15 weeks for paper)
  • Receive grant of probate or letters of administration

Month 3-6: Close accounts and gather estate assets

  • Send grant of probate to all financial institutions
  • Close bank accounts and transfer funds to executor account
  • Sell or transfer shares and investments
  • Arrange property sale if needed
  • Collect insurance payouts and pension benefits

Month 6-12: Pay debts and distribute estate

  • Pay funeral costs from estate
  • Pay outstanding debts (mortgage, credit cards, loans, utility bills)
  • Calculate final estate value after debts
  • Distribute assets to beneficiaries according to will (or intestacy rules)
  • Provide estate accounts to beneficiaries
  • Close executor account

Month 12: Final deadline

  • Submit IHT400 form if inheritance tax due (12-month deadline from death)
  • Respond to any HMRC queries about estate valuation

Ongoing: 7-year record keeping

Keep all probate records, receipts, and accounts for 7 years in case of:

  • HMRC queries about estate valuation
  • Beneficiary disputes
  • Inheritance tax investigations

Emma's actual timeline:

  • Day 1: David died, medical examiner assigned
  • Day 2: Medical examiner called, approved certificate
  • Day 4: Emma registered death at Leeds Register Office
  • Day 5: Used Tell Us Once online
  • Week 2: Funeral held (cremation service)
  • Week 6: Estate valuation completed (£394,000)
  • Week 8: Probate application submitted online
  • Week 10: Grant of probate received
  • Month 4: David's house sold (£340,000)
  • Month 6: All assets collected, debts paid
  • Month 7: Estate distributed to Emma and her brother equally

Total process: 7 months from death to final distribution.

Frequently Asked Questions

Q: How long do I have to register a death in the UK?

A: You must register a death within 5 days from when the coroner or medical examiner passes the relevant paperwork to the Register Office. This applies in England and Wales. If you're unable to register within this timeframe, contact the register office immediately to explain your circumstances.

Q: What documents do I need to register a death?

A: You'll need the Medical Certificate of Cause of Death from the doctor, the deceased's NHS medical card (if available), birth and marriage certificates, and proof of address. The medical examiner will contact you before registration to confirm the cause of death.

Q: Do I need probate if someone dies?

A: You need probate if the deceased owned assets over £5,000 in their sole name or owned property. You don't need probate if everything was jointly owned or held in trust. Banks and financial institutions will tell you if they require a grant of probate to release funds.

Q: How much does it cost to register a death and get probate?

A: Death registration is free. Death certificates cost £12.50 each. Probate costs £300 if the estate is worth over £5,000 (no fee if under £5,000). Extra copies of the grant cost £16 each. You may be eligible for help with probate fees based on income.

Q: What is the Tell Us Once service?

A: Tell Us Once is a free government service that allows you to report a death to most government departments in one go, including HMRC, DWP, DVLA, and your local council. You can use it within 28 days of getting your unique reference number from the registrar.

Q: What happens if someone dies without a will?

A: If someone dies without a will (intestacy), their estate is distributed according to fixed legal rules under the Administration of Estates Act 1925. The spouse/civil partner gets priority, followed by children, then parents, siblings, and other relatives. Unmarried partners inherit nothing under intestacy rules.

Q: Am I entitled to bereavement benefits?

A: You may be entitled to Bereavement Support Payment if you were married to or in a civil partnership with the deceased (or were an unmarried parent living together). The deceased must have paid enough National Insurance contributions. Claim within 3 months to get all payments.

Q: What is a coroner's inquest and when does it happen?

A: A coroner's inquest is an inquiry into the circumstances of a death. It happens when the death was sudden, unexplained, unnatural, violent, or the person was in state custody. The inquest establishes who died, and how, when, and where they died. Most inquests are brief hearings within 6 months.

Q: How long does probate take in the UK?

A: As of 2025, digital probate applications take approximately 2 weeks from submission to grant issue. Paper applications take around 15 weeks. The overall estate administration process typically takes 6-12 months depending on the complexity of the estate and whether inheritance tax is due.

Q: Can I arrange a funeral before registering the death?

A: You cannot arrange a burial or cremation until the death is registered and you have the death certificate. However, you can contact funeral directors to discuss arrangements while waiting for the medical examiner's approval. If there's a coroner's inquest, you'll need to wait for the coroner's permission.

Conclusion

Dealing with legal requirements while grieving is overwhelming. But taking these steps in order—medical examiner review, registration, Tell Us Once, probate—means you're fulfilling your legal obligations and protecting your loved one's estate.

Key actions to prioritise:

  • Register the death within 5 days of medical examiner approval—this is your first critical deadline
  • Use Tell Us Once within 28 days to notify government departments in one go, saving hours of phone calls
  • Determine if you need probate early (required if estate over £5,000 or includes property)
  • Apply for Bereavement Support Payment within 3 months if you're eligible
  • If there's no will, understand that intestacy rules decide who inherits—often not what the deceased would have wanted

Most families complete the process within 6-12 months, and support is available at every stage through government helplines, the Bereavement Service, and organisations like Citizens Advice.

Taking it step by step, with this timeline as your guide, you'll navigate the legal requirements successfully even during the most difficult time.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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