What should I do when someone dies?

When a loved one passes away, the initial steps can be overwhelming. There are a number of tasks that need to be completed and it is often difficult to work out what should be done first. This can make an already tough time even more stressful.

This blog aims to summarise the first steps to be taken following a bereavement.

Getting a medical certificate

Before registering the death, you’ll need to obtain a medical certificate to confirm the cause of death. This process varies slightly depending on where the death occurred and whether a coroner is involved.

Note that the upcoming reform on death certificates (September 2024) means that all deaths will need to be attended to and referred to an independent medical examiner. The non-statutory system, introduced by NHS England and NHS Wales Shared Services Partnership in 2019, will become standard practice for scrutinizing deaths not investigated by a coroner.

How do I get a medical certificate if the death happened at a hospital?

When someone dies in a hospital, the staff will arrange for a doctor to issue a Medical Certificate of Cause of Death (MCCD) and share it with an independent Medical Examiner for further scrutiny. As part of the process, the Medical Examiners will contact the bereaved to confirm the cause of death, answer any questions, and send MCCD to your chosen registrar.  Personal belongings that were kept at the hospital can picked up. The person will then be taken to the hospital mortuary.

What is the process when someone dies at home?

A GP will generally attend if the death occurred at a person’s home due to natural causes and will issue a MCCD; in this situation, your local doctor should be contacted. They will then refer to an independent Medical Examiner for confirmation, and as part of the process, they will contact the bereaved to confirm the cause of death and answer any questions you might have.

If the death happens at home and is unexpected, the emergency services should be contacted so that the paramedics can confirm the death.

If the death occurs at a care home, the staff or manager will advise on the next steps, issue an MCCD, and refer to an independent Medical Examiner. They will care for the body until the Funeral Director arrives.

How do I get a medical certificate if a coroner is involved?

If a coroner is involved, it may not be possible to receive a medical certificate immediately. A doctor may report the death to a coroner if:

• The cause of death is unknown
• The death was unnatural, violent, sudden, or unexplained
• The person who has died was ill and not visited by a doctor or they were not seen by the doctor who signed the medical certificate within two weeks of their death
• The death happened during an operation or before the person came out of the anaesthetic
• The medical certificate is not available for any other reason

In the event that a coroner is involved, they may need to conduct a post-mortem in order to confirm the cause of death. They will then release the body and send the necessary forms to the registrar. If an inquest is held, an interim death certificate can be requested so that organisations can be informed in the meantime. However, the funeral cannot be held until the coroner has completed the inquest.

Registering the death

Once the medical certificate has been issued, the death must be registered before funeral arrangements can begin. Unless there is an inquest being held or delays obtaining the medical certificate, the death should be registered within 5 days in England and Wales, or 8 days in Scotland. These timescales include weekends and bank holidays.

Who can register a death?

Generally, the next of kin or another relative is required to register the death, but the registrar may allow non-relatives to do so if necessary; for example, hospital staff/care home representatives who were present at the death or the person who is arranging the funeral.

Where is a death registered?

If possible, at a register office local to where the deceased passed away. If another register office is used, there may be delays, as the documents will need to be sent to another office in the area where the individual died.

How is a death registered?

You can call ahead and make an appointment at your chosen register office. You will need to provide the medical certificate of cause of death, birth and marriage certificates, and an NHS medical card (if available). The register office may also want to see the person’s passport, driving licence, Council Tax bill, and proof of address (such as a utility bill).

The registrar will require the following information about the deceased:

• Date of death
• Location of death
• Home address
• Full name and any former/other names by which the deceased was known
• Date and location of birth
• Their current or former occupation
• Details of their spouse or civil partner
• Whether they had any government pension or allowance

You will then receive the death certificate, which proves that the death has been registered. This varies in cost depending on the local authority. It is advisable to buy several copies, as most banks or insurance companies will not accept a photocopy, and it is more expensive to buy additional certificates at a later date. The registrar will also provide a certificate for burial/cremation.

Who needs to be notified when someone dies?

There is no legal requirement to notify family or friends of a death, but it is encouraged. Other than medical professionals (if the individual died out of hospital), consider contacting the person’s employer, educational establishments, social services, or care providers, if applicable.

When should you notify the bank of a death?

Telling financial organisations (as well as property/utility providers) can wait until later on in the process, and it can be managed by a professional to take away the burden. However, if the deceased had standing orders and/or direct debits, it’s best to notify these organisations as soon as possible to avoid being chased for unpaid bills. Whilst probate may be required to manage the deceased person’s funds, the bank(s) can be notified in the meantime.

Locating and dealing with the Will

The next step involves establishing whether or not the deceased left a valid Will. The Will may contain specific funeral requests or details of how their funeral should be paid for. If the Will cannot be located, a Will search can be conducted by a professional. It is important to find the Will as early as possible, as there may be difficulties later on in the estate administration if there isn’t one, and the estate will need to be administrated under the rules of intestacy.

Read our blog on how to find a Will and other important documents.

Locating other important papers

The birth, marriage, and death certificates should already be obtained. Other important paperwork includes pension information, insurance policies, bank/building society accounts, and more. These will be helpful later on if a Grant of Probate is required, so it is best practice to ensure you have these early on in the process.

Arranging the funeral

As previously mentioned, the deceased may have expressed their funeral wishes in their Will. They could also have a pre-paid funeral plan or have made a family member/friend aware of their requests. In this case, the funeral should be organised in line with the deceased’s wishes.

If no specific requests were made by the deceased, the person who’s organising the funeral will have to decide for themselves whether the individual will be buried or cremated, where the funeral will be held, whether flowers are required, and what readings/music will be used.

Does the next of kin have to pay for the funeral?

The cost of a funeral is often covered by the deceased’s estate, but there are other options if the funds are insufficient to pay the funeral bill. The next of kin is only legally liable for the cost of the funeral if they are named as the Executor of the Will.

Probate and estate administration

Estate administration is the process of dealing with all of a person’s legal and tax affairs after their death. This can include obtaining a Grant of Probate, but this is not always necessary. Probate and estate administration are terms often used together; however, probate is just one part of the wider estate administration process. All estates must be administered, but not every estate requires probate. Read our blog on the difference between probate and estate administration.

As well as obtaining probate, estate administration can include:

• Closing bank accounts
• Paying debts
• Dealing with shares, investments, property, and assets
• Redirecting post
• Dealing with Inheritance Tax and Income Tax
• And much more

The estate can be administered by an Executor who is named in the deceased’s Will. Alternatively, if the deceased died without leaving a Will, an Administrator can be appointed. However, a professional can be instructed if the Executor or Administrator would like help with the process.

Kings Court Trust is an award-winning probate and estate administration specialist. Our estate solutions are designed so that the individual instructing us can have peace of mind that everything is under control. From only obtaining the Grant of Probate to full estate administration, we have a service for every estate and family. When instructing us to administer the full estate, we can take on all legal and financial responsibility throughout the process.

If you have any questions regarding what to do when someone dies, estate administration, or our services, call our Client Services team on 0300 303 9000 or fill in the form below.