Duties of an Executor
1. Register the death
The Death needs to be registered normally within 5 days unless the Coroner is investigating the circumstances relating to the death.
Obtain several copies of the death certificate as many organisations will need sight of an original Death Certificate before releasing funds. Copies obtained from the Registry of Births Deaths and Marriages are regarded as 'originals'
2. Who should Register the Death.
People with legal responsibility to register include:
A relative
A person present at the death
The occupier of the premises where the death occurred if he/she knew of it happening
The person arranging the funeral, this does not include the funeral director.
(See also the list on the Notice to Informants attached to the Doctor's medical certificate of cause of death).
3. Where should the Death be Registered
The death must be registered in the District Register Office for the area (town/city) in which it occurred.
4. Documents to take to The Register Office
Medical certificate identifying the cause of death. (issued by the doctor treating the person who has died). If the Coroner is involved, the Coroner's Office will advise you what to do.
The deceased person's birth certificate or passport (if available) can be helpful.
The deceased person's medical card (only if available).
5. Questions that the Registrar will ask
The Registrar will interview you in private and will need to know the following information:
The date and place of death.
The full name and surname, and maiden name if the person who has died was a married woman.
The occupation and, if the deceased person was a married woman or widow, the full name of her husband.
The usual address.
If the person who died was married, the date of birth of the surviving spouse.
Whether the person who has died was receiving a pension from public funds.
The Registrar will enter all these details in a computer and will then give you the opportunity to check that they are correct. The information will then be written into a register. This is the 'original' legal record and you should check it through very carefully before signing it, as any mistakes discovered later on may be difficult to correct.
5. Documents you will receive
A 'Green Form' which enables you to arrange the funeral (If the Coroner is involved different procedures may apply).
A form for Social Security purposes.
Certified copies of the entry ("death certificates") can also be obtained upon payment of the statutory fee.
6. Arrange the funeral.
The cost will usually be the first expense paid for from the deceased's estate. It is worthwhile ascertaining if a prepaid funeral plan exists.
7. Grant of Probate
Apply for a Grant of Probate via the nearest Probate Registry.
8. What to do next
• Arrange to open a Personal Representative's bank account for the receipt of money due to the Estate and any loan arranged to pay an Inheritance Tax bill and/or probate fees.
• Inform all relevant persons and organisations - banks, building societies, life assurance companies, employers, previous employers, Pension providers, local authorities, Inland Revenue, benefit agencies etc.
• Arrange for a valuation of the Estate to include the house and its contents, other personal effects, investments in savings plans, equities, life policies, building societies etc. and prepare a detailed schedule of all the Testator's assets.
• Prepare a full schedule of debts that must be paid from the proceeds of the Estate. These will include mortgages, income and capital gains taxes, bills, credit cards, loans and overdrafts.
• Complete the forms required by the Inland Revenue Capital Taxes Office so that it can be established whether any Inheritance Tax is due.
• Complete the probate forms and send or take them to the Probate Office along with the original Will, the death certificate and the Inland Revenue account.
9. Subsequent Duties
• Provided that the case is fairly straightforward, an appointment will be made for the personal representative to 'swear the papers' within about 5 - 6 weeks of receipt at the Probate Office.
• When Inheritance Tax is due the Executor's account of the Estate is passed to the Inland Revenue and the Grant of Probate cannot be issued until the tax is paid.
• There may be circumstances where part of the Estate has to be sold to pay Inheritance Tax and if this is the case banks can arrange loan facilities to pay the tax straight away.
• Send copies of the Grant of Probate to everyone who owes money to the Estate as the Executors now have a legal authority to pursue any debts.
• Once Grant of Probate is received, the Estate can be divided according to the terms of the Will.
• The Executor is required to prepare and sign accounts showing who has received what from the distribution. They must be able to show that they acted in accordance with the terms of the Will in case there is any dissent from the family of the deceased.
• All papers, including the Grant of Probate and the accounts must be stored safely for a period of 12 years.
Additional Information
1. If the Death Occurs in Hospital
If the death occurs in hospital, the hospital staff will contact the person named by the deceased as next of kin. This may be, but need not be, a relative. You may, if you wish, request to see the hospital chaplain. The hospital will keep the body in the hospital mortuary until the executor arranges for it to be taken away. Most funeral directors have a chapel of rest in which the deceased will be held pending the funeral. Hospital will arrange for the nearest relative to collect the deceased's possessions.
2. If the Death Occurs Elsewhere
Expected Death
If the death was expected, contact the doctor who attended the deceased during their final illness. If the doctor can certify the cause of death he or she will give you the following items:
Medical Certificate - that shows the cause of death. (this is free of charge and will be in a sealed envelope addresses to the registrar).
Formal Notice - that states that the doctor has signed the Medical Certificate and tells you how to get the death registered.
Arrangements for the funeral may be made by a funeral director.
If the death followed illness from HIV or AIDS there may be special rules for handling the body. The following organisations can advise on funeral arrangements:
• London Lighthouse
• FACTS Health Centre
• Terence Higgins Trust
Unexpected Death
If you discover a body or the death is sudden or unexpected, you should contact the following people:
• the family doctor (if known)
• the deceased's nearest relative
• the deceased's minister of religion
• the police, who will help to find the people listed above if necessary
If there is any reason to suspect that the death was not due to natural causes, do not touch or remove anything in the room. The death may be referred to the coroner. The doctor may ask the relatives for permission to carry out a post-mortem examination. This is a medical examination of the body which can find out more about the cause of death and should not delay the funeral.
Reporting A Death To A Coroner
In any of the following circumstances the doctor may report the death to the coroner.
• an accident or injury
• an industrial disease
• during a surgical operation
• before recovery from anaesthetic
• if the cause of death is unknown
• the death was sudden or unexpected
You will be advised if the death has to be reported to the Coroner, in which case the death cannot be registered nor the funeral take place, without the Coroner's authorisation.
Where the death is reported to the Coroner, the Coroner's Office will contact the relatives.
A Coroner can order a post-mortem examination without getting the relative's permission. This will ascertain the cause of death. He may also wish to hold an investigation into the circumstances leading up to the death (this is called an inquest). When an inquest is called, the Coroner's Office will contact the relatives. This should not cause undue stress as it is a legal formality.
In such cases the Death Certificate will be issued from the Coroner's Office and then taken to the Registrar to register the death. When an inquest is to be held, the death cannot be registered until the conclusion of the inquest, but a certificate will normally be issued at the opening of the inquest to allow the funeral to take place.