What Should an Executor Do After a Death? A Comprehensive Guide

Navigating the responsibilities of an executor after a loved one's death can be overwhelming, especially during such an emotional time. This comprehensive guide offers step-by-step instructions on what an executor should do after death, from registering the death and locating the will to applying for probate and distributing assets.

What is the role of an Executor?

Serving as an Executor is a significant responsibility and can often feel overwhelming at an already emotional time.

The role of an Executor is to manage and finalise the deceased’s financial affairs, which includes:

• Arranging the funeral
• Notifying relevant organisations of the death
• Applying for Probate
• Paying any debts and taxes
• Distributing the estate according to the Will or, if there's no valid Will, following intestacy rules

In the midst of grief, it can be challenging to know what steps to take as an Executor, particularly if it's your first time. In this guide, Trainee Solicitor Eloise Bishop offers clear guidance on what to do after a loved one passes away.

For personalised assistance with probate and estate administration, consider consulting with a probate solicitor who can help relieve the burden of dealing with the legal process. In addition, you can learn more about the probate process and how our expert probate solicitors can help you here.

Please contact us on 01707 329333 or email law@crane-staples.co.uk for further advice or if you wish to instruct us as your probate solicitors.

Further information on dealing with an estate after death can also be found on the UK Government's probate page.

Registering a Death

Registering a death is a legal requirement in the UK. Once the death has been registered, you can begin organising funeral arrangements and managing the deceased’s finances. Typically, a family member will register the death. After registration, you'll receive a death certificate and a certificate for burial or cremation. Moreover, it is advisable to obtain several copies of the death certificate, as banks and other institutions will often require one as proof of death.

Can You Register a Death Online?

Death registrations must be done in person at a register office. Although you can choose any register office, the process is usually quicker if you contact the one in the area where the person died. For more information on registering a death, visit the UK Government's guide on registering a death.

What Documents Do You Need to Register a Death?

When attending a registration appointment, bring the medical certificate of the cause of death. If you don't have this certificate, you'll need permission from the coroner. Additionally, bring proof of identification, such as a driving licence or passport.

How Long After Death Must You Register It?

Legally, you must register the death within five days of the passing, including weekends and bank holidays. However, a nine-day extension is allowed if you provide the registrar with written confirmation that a medical certificate regarding the cause of death has been signed by a doctor. Furthermore, if the death is reported to the Coroner, registration must wait until their investigation is complete. The coroner will register the death if an inquest is required, and you'll be able to order death certificates afterward.

Locating a Will

How to Trace a Will in the UK

Firstly, start by checking the deceased’s home for the original Will or a copy. If you don't find the Will, you may still discover information about a solicitor or a Will copy. You can also use the national Wills register known as ‘Certainty’ to search for both registered and unregistered Wills. If the Will is unregistered, Certainty will contact potential firms and Will writers that the deceased may have used.

What Happens If You Cannot Locate a Will?

If a Will is presumed lost, it may be assumed that the deceased intended to revoke it by destruction. However, an application can be made to the court to accept evidence of the Will’s contents, such as a copy or draft. On the other hand, if neither the original Will nor a copy can be located, you'll need to administer the estate under intestacy rules, which prioritise the spouse or children as beneficiaries.

Funeral Arrangements

As the Executor, you have the primary responsibility for arranging the funeral and the final say over the arrangements. However, family members or friends often assist with funeral planning with the Executor's approval.

Is the Executor Responsible for Paying Funeral Costs?

Funeral costs are typically paid out of the deceased’s estate, but these costs must often be covered at the time of booking the funeral. If funds aren't immediately available, the Executor may need to pay upfront and claim the amount back from the estate. Alternatively, the Executor can request the bank holding the deceased’s account to pay funeral expenses directly before obtaining probate. If the estate lacks sufficient funds, relatives usually cover the costs.

Tell Us Once Service

The Tell Us Once service allows you to report a death to multiple government organisations at once. This free service can save considerable time, as it eliminates the need to contact different institutions individually. The Registrar may complete the Tell Us Once service with you when you register the death, or they may provide a unique reference number for you to use the service online or by phone. You have 28 days to complete the Tell Us Once service after receiving your reference number.

You can access the Tell Us Once service here.

List of Who to Inform When Someone Dies

Here are some of the contacts who may need to be notified:

Personal Contacts:

• Family and friends
• Employer
• Educational establishments
• GP

Financial Organisations:

• Banks/building societies
• Credit card providers
• Mortgage provider
• Utility companies
• TV/Internet providers
• Insurance companies
• Pension providers

Government Organisations (via Tell Us Once):

• HMRC
• Department for Work and Pensions
• UK Passport Agency
• The DVLA
• The local council

Do You Need to Inform the Land Registry?

If the deceased owned property, the Land Registry must be notified. The type of application depends on how the property is held. As Executor, you will need to apply for Probate to transfer or sell the property.

• Joint Tenants: The deceased’s share passes automatically to the surviving owner via the right of survivorship. Notify the Land Registry using application form DJP.
• Tenants in Common: The deceased’s share passes according to their Will.

Bank Accounts

The Executor should notify the bank of the death as soon as possible, providing a copy of the death certificate. Afterwards, the bank will then freeze the account, and the Executor will gain access after obtaining probate. Nevertheless, some banks allow access to accounts with lower balances (usually under £25,000) before probate.

For joint accounts, the account will not be frozen and will generally pass to the surviving account holder.

Applying for Probate

Applying for probate is very time-consuming. Therefore, it can be quicker to obtain probate by using a solicitor who can help make the process easier by making sure you comply with legal requirements and submit the correct information to avoid any penalties.

Find detailed information on What is Probate and what do Probate Solicitors do? here.

What Documents Do You Need to Apply for Probate?

You can apply for probate online or by post. If you've submitted an inheritance tax return, begin paying inheritance tax if applicable and wait for HMRC to send a unique code before applying. When applying, you must submit the application form and original Will.

How Long Is Probate Taking in 2024?

Typically, probate is granted within 16 weeks of application, barring any unforeseen complications.

Estate Administration

Estate administration involves collecting the deceased’s assets, settling their debts and taxes, and distributing the remaining assets to beneficiaries according to the Will.

As an Executor you are legally responsible for ensuring that the estate is administered correctly. This means if anything goes wrong or you make a mistake, you could be held responsible. Instructing a solicitor will take some of the responsibility off your shoulders and give you piece of mind that you are carrying out your duties as an Executor correctly.

How Long Does an Executor Have to Settle an Estate in the UK?

There is no specific deadline for settling an estate. The timeline depends on the estate's size and complexity, along with any legal issues. Nonetheless, beneficiaries should be kept informed throughout the process.

Placing a Deceased Estates Notice

A Section 27 Trustee Act notice invites claims against the estate within two months of its publication. Notices are usually published in The Gazette and/or the deceased’s local newspaper.

You can place a s.27 notice in The Gazette here.

Do I Have to Place a Deceased Estates Notice?

While not mandatory, it's recommended to place a s.27 notice after obtaining probate. This protects Executors from liability for unidentified creditors. Otherwise, if no notice is placed and a creditor emerges after the estate is distributed, the Executor may be personally liable for the debt.

Settling Debts

The Executor is responsible for paying off the deceased’s debts using estate assets.

Paying Beneficiaries

After settling all debts and liabilities, the Executor can distribute the remaining assets to the beneficiaries. Cash gifts should be paid first, with the residuary estate distributed to those entitled.

Furthermore, a solicitor can take responsibility for distribution of estate funds and act as a neutral party. This ensures that the deceased’s wishes are being carried out and can help prevent conflicts between beneficiaries and family members.

Do Beneficiaries Have a Right to See Estate Accounts?

Residuary beneficiaries are entitled to view the estate accounts. Of course, Executors should always keep accurate records and maintain transparency to fulfil their legal obligations.

Your Local Probate Solicitors

We are experienced probate solicitors in Welwyn Garden City, Hertfordshire. Our team can certainly assist you with all aspects of estate administration and the probate process. We understand this is a difficult time, and as your probate solicitors, we will provide respectful and professional support tailored to your circumstances.

For queries regarding Probate, Estate Administration, Wills, Trusts, and Tax, including Inheritance Tax, please contact our Private Client department on 01707 387074. We look forward to hearing from you.