The death of a loved one is something that sadly most of us will experience at some point in our lives. 

Knowing what practical steps you need to take following a loved one’s death can feel overwhelming at an already challenging time. 

Here are the immediate steps you need to take in the days and weeks following a loved one’s death. 

Obtaining a medical certificate  

To register a death and complete the necessary administration, you first need to obtain a medical certificate confirming the cause of death.  

Although this may be challenging, it is important to obtain the certificate as soon as possible in order to proceed with the necessary arrangements. 

The medical certificate should be obtained on the day of the death, where possible. 

Register the death  

Once you have the medical certificate, you can register the death. 

This needs to be done within five days of the date of death, unless a coroner is involved.  

To register a death, you will need to attend an appointment with the Registrar of Births, Deaths and Marriages. 

Make note that you should take proof of your identity (including proof of address) to the appointment, along with the following documents relating to the person that has died: 

• NHS card.  

• Birth certificate.  

• Driving licence (if applicable). 

• Marriage, civil partnership, and/or divorce certificates (if applicable).  

• National Insurance number, and that of a surviving spouse or civil partner (if applicable).  

• Passport.  

• Proof of address e.g. a council tax bill or utility bill.  

When the death has been registered, you will be given a Green Form for burial or cremation which you need to provide to the Funeral Director.  

You will also be able to purchase certified copies of the death certificate. It is a good idea to obtain a few additional copies because you will need these to administer the deceased’s estate. 

Locate the will  

You will need to locate the most up to date Will, as this may include your loved one’s wishes as to whether they are buried or cremated, plus any other funeral preferences.  

If the Will is not located at the deceased’s home, it may be stored with their solicitor, an accountant or by a bank that offers Will drafting and storage services.  

If you have been unable to find a Will, the estate will need to be administered under the assumption that the deceased didn’t leave a Will.  

This is called dying intestate and the estate is administered by the next of kin under the rules of intestacy.  

Arrange the funeral  

Find out whether your loved one had a pre-paid funeral plan in place and, if so, contact the provider who will handle the arrangements.  

If not, contact a local funeral director and they will help you to plan the funeral.  

You’ll be asked if the deceased had any funeral preferences, which is something you may already know, or it may be recorded in the Will. 

Rotherham Taylor: With you every step of the way 

Once you’ve completed the initial steps above, it will be time to apply for probate and administer the estate, if you are the Executor. 

At this stressful and emotional time, some families find it easier to appoint a professional to assist them with handling probate and other duties of an Executor. 

At Rotherham Taylor, we’re here to support you every step of the way and lift some of the practical administrative burdens from your shoulders. 

Take the first steps with Rotherham Taylor. Contact our probate team today for expert, compassionate support.

So your loved one has passed away, and no one has been able to find a Will. What happens now? 

Where there is no valid Will, the rules of intestacy apply. This makes the process of applying to administer the estate and distribute the assets more difficult than when a Will is in place. 

Here’s what you need to know about intestacy. 

What is intestacy? 

The rules of intestacy govern how a person’s estate is distributed if they die without a valid Will.   

If a person is said to have died “intestate,” this means that they have relinquished their control over their estate, and the law is the sole determiner for the distribution of their assets.   

These rules only recognise spouses, civil partners and certain close family members.   

Under these arrangements, the only people to automatically inherit are married or civil partners. If they also have children and the estate is worth more than £322,000, then the first £322,000 will go to their spouse or civil partner and the rest will be divided in half between the surviving spouse and children. 

Please note that these are the intestacy rules for England and Wales – the rules for Scotland are different. 

Unmarried couples are not entitled to inherit anything automatically, no matter how long they have been together or whether they share a home, assets or children.  

This can lead to distressing and financially difficult outcomes, with surviving partners often needing to make legal claims just to access jointly lived-in property or shared finances.  

How to administer the estate when there’s no Will 

You will first need to value the deceased’s estate, taking into account any debts that need to be paid and any gifts made within seven years of the person’s death. You will also need to calculate the amount of Inheritance Tax (IHT) liable on the estate and ensure that the correct forms and payment are sent to HM Revenue & Customs (HMRC) on time. 

The next step is where the process differs from applying for probate in the case of a valid Will. 

When there is no Will, you will need to apply for a Grant of Administration instead of a Grant of Probate. 

This must be done by the most “entitled” person – i.e., the deceased’s next of kin. This will be the spouse or civil partner of the deceased, followed by any children who are over the age of 18. 

Sometimes, there may be disputes over who should apply for Grant of Administration – for example, between surviving children if there is no surviving spouse or civil partner. 

Mediation can help to resolve any disagreements and move the process along. 

Once a Grant of Administration has been provided, you will need to liquidate the estate. 

This is the official term for turning assets such as property and possessions into cash, which can then be distributed to beneficiaries. 

In the absence of a Will, the liquidated cash goes automatically to their next of kin – usually a surviving spouse or civil partner, and potentially any children. 

If the deceased has left no surviving spouse or children, the estate will pass to the next person most closely related to the deceased. 

Managing intestacy with Rotherham Taylor 

In an ideal world, everyone would leave behind a valid Will. However, life doesn’t always go to plan, and many people die intestate. 

At Rotherham Taylor, we’re here to guide you through the complex process of intestacy.  

We can value the estate, calculate and pay IHT to HMRC, and help you apply for a Grant of Administration.  

We’ll make sure the estate is correctly distributed according to the regulations, and we’ll only charge for the work we do. 

If someone has died without a Will, it’s important to seek professional advice. Contact our probate and intestacy experts today.