Dealing With Affairs of Deceased

Dealing with the affairs of a deceased person can be an overwhelming process, especially when you’re grieving. If you have lost an adult child, there are an extensive range of practical steps involved, and it’s important to handle each step methodically to ensure everything is properly managed.

Here’s a general guide to help you navigate this process.

Obtain the Death Certificate

The first step is to obtain an official death certificate, which you’ll need for various legal and administrative purposes. In the UK, for example, you can register the death with the local registry office.

It’s advisable to request multiple copies of the death certificate, as banks, insurance companies, and other institutions often require original copies.

Check for a Will and Identify the Executor

If the deceased person left a will, it would usually name an executor - the person responsible for managing their affairs. If you’re the executor, you’ll have the legal authority to handle the estate.

If there is no will, the estate is considered “intestate,” and the probate court will appoint an administrator, usually a close relative, to handle the estate.

Notify Necessary Parties

Notify family members, friends, and anyone close to the deceased about their passing. You’ll also need to inform relevant organisations and agencies, including

• Banks and financial institutions

• Insurance companies

• Pension providers

• Utility providers (gas, electric, water, etc.)

• Government agencies (such as the Department for Work and Pensions in the UK for pensions and benefits)

• Healthcare providers and any relevant medical services

• Many countries have a government service (like the Tell Us Once service in the UK) that allows you to report a death to several government agencies at once.

Secure the Property and Valuables

Secure the deceased’s home, car, and other valuables to prevent theft or damage. If the person lived alone, make sure to lock doors and windows and consider informing local law enforcement.

Take an inventory of the person’s belongings, including important documents, personal items, and any valuables. This will help you keep track of assets and determine what needs to be distributed, sold, or safeguarded.

Start the Probate Process

Probate is the legal process of settling the deceased’s estate. You’ll need to apply for probate if you’re the executor or administrator. In the UK, this involves applying for a Grant of Probate (if there is a will) or Letters of Administration (if there is no will).

Probate allows you to gather and distribute the assets, pay any outstanding debts, and settle the estate according to the will or the rules of intestacy if there’s no will. You can handle probate yourself or hire a probate solicitor for assistance.

Collect Assets and Settle Debts

Identify all assets, including bank accounts, investments, property, vehicles, and any other valuables. Contact relevant institutions to transfer or close accounts and collect these assets.

Use the estate’s funds to pay any outstanding debts, such as mortgages, loans, credit cards, utility bills, and taxes. If there isn’t enough money to cover the debts, creditors may not be able to collect; however, consult with a probate solicitor to understand your specific obligations.

Manage Ongoing Expenses and Cancel Subscriptions

Continue to pay essential expenses, such as mortgage or rent, utilities, and insurance premiums, until the property and other assets are distributed or sold.

Cancel any subscriptions or services that are no longer needed, such as phone services, streaming services, club memberships, and magazine subscriptions. Many companies will require a copy of the death certificate for cancellation.

Deal with Insurance Policies and Pension Funds

Contact the deceased’s life insurance company and file a claim. You’ll need to provide a copy of the death certificate, and any benefits will typically be paid out to the named beneficiaries.

Notify pension providers and other retirement accounts. Depending on the type of pension, a lump sum payment may be available to beneficiaries, or there may be specific survivor benefits.

Notify Social Media and Email Providers

Many social media platforms allow you to memorialise or close the account of a deceased person. Each platform has its own policies, so check the specific requirements for platforms like Facebook, Instagram, and X.

Consider contacting email providers to close accounts, especially if they contain sensitive information. Some services allow you to request access, close, or delete an account for a deceased person.

Distribute Assets According to the Will or Laws of Intestacy

After debts and taxes have been paid, distribute the remaining assets according to the will. If there is no will, the estate will be distributed according to the laws of intestacy.

The probate court may need to review the final distribution to ensure it aligns with legal requirements. Once approved, you can transfer assets, such as property deeds or financial accounts, to the beneficiaries.

File the Final Tax Returns

In the UK, you’ll need to contact HM Revenue and Customs (HMRC) to report the death and handle any taxes.

Depending on the estate’s value, you may also need to pay inheritance tax. It’s best to consult a tax advisor or solicitor for assistance, as tax laws can be complex.

Close the Estate and Keep Records

After all assets are distributed, debts are paid, and taxes are settled, you can close the estate. This involves keeping detailed records of all transactions and providing an estate summary for beneficiaries.

Retain copies of all important documents for a few years, as you may need them for reference. Executors are responsible for maintaining records and handling any follow-up questions from beneficiaries or creditors.

Seek Help When Needed

Dealing with a loved one’s affairs can be overwhelming, especially during a time of grief. Don’t hesitate to seek help from a probate solicitor, financial advisor, or accountant, as needed.

Emotional support is equally important, so consider reaching out to family, friends, or a counsellor who can provide support as you work through the practical and emotional aspects of managing the deceased person’s affairs.

Handling a loved one’s affairs is a complex and often lengthy process but taking things step-by-step can make it more manageable. Remember to be patient with yourself during this time, and don’t hesitate to seek help when you need it.