What Happens When Someone Dies in the UK: The Legal Process Explained
Updated March 2026 | 13 min read
When someone dies, the practical and legal steps that follow can feel overwhelming, especially when you are grieving. There is a set process in the UK that must be followed in a specific order, with deadlines that cannot be missed. This guide walks you through everything that happens after a death, from the moment someone dies through to dealing with their estate. It covers England and Wales primarily, with notes on differences in Scotland and Northern Ireland.
Immediately After Death
Death at home (expected)
If the death was expected (for example, after a terminal illness), call the GP surgery. There is no need to call 999. The GP or the out-of-hours service will come to confirm the death and issue a Medical Certificate of Cause of Death (MCCD). If the person was under the care of a hospice or district nurses, they can also help with the immediate steps.
Death at home (unexpected)
Call 999 for an ambulance. The paramedics will attempt resuscitation unless a Do Not Attempt Resuscitation (DNAR) order is in place. If the death cannot be explained, the police may attend and the coroner will be involved. Do not move anything until the police or coroner gives permission.
Death in hospital
Hospital staff will contact you. The hospital doctor issues the MCCD. You can usually see the person in the hospital before the body is moved to the mortuary. The hospital bereavement office will give you the MCCD and explain the next steps.
Death in a care home
The care home staff will contact the GP and a funeral director (if one has been chosen in advance). They will also notify you. The GP issues the MCCD.
The Medical Examiner System
Since September 2024, all deaths in England and Wales that are not investigated by a coroner must be scrutinised by an independent medical examiner. This is a senior doctor who reviews the cause of death and may contact the bereaved family to discuss any concerns. The medical examiner system was introduced to improve the accuracy of death certification and to provide an additional safeguard.
For families, the main impact is that the medical examiner or their officer may contact you by phone before the MCCD is issued. They will ask whether you have any concerns about the care the person received or the circumstances of the death. This is a routine step, not an investigation. If you have concerns, this is an important opportunity to raise them.
Registering the Death
You must register the death within 5 days in England and Wales (8 days in Scotland). Registration is done at the register office in the area where the person died (not where they lived). You can make an appointment in advance. The Tell Us Once service, available at most register offices, notifies multiple government departments at the same time (DWP, HMRC, Passport Office, DVLA, and local council).
What you need to take
- The Medical Certificate of Cause of Death (MCCD)
- The deceased's birth certificate (if available)
- The deceased's marriage or civil partnership certificate (if applicable)
- The deceased's NHS medical card (if available)
- Proof of the deceased's address
What the registrar gives you
- A certified copy of the death certificate (£11 each; order several)
- A Certificate for Burial or Cremation (the "green form"), needed by the funeral director
- A form for DWP benefits (BD8)
Order at least 5 to 10 certified copies of the death certificate. You will need them for banks, insurance companies, pension providers, solicitors, and government departments. Ordering extras at registration is cheaper than ordering later.
Source: GOV.UK: Register a death
When the Coroner Gets Involved
The coroner must be notified if the death was violent, unnatural, sudden and unexplained, during or shortly after an operation, in police custody, or if a doctor did not see the person in the 28 days before death. The doctor, hospital, or registrar may refer the death to the coroner.
The coroner may order a post-mortem examination to determine the cause of death. You do not need to give permission for this. In some cases, the coroner will hold an inquest, which is a public hearing. An inquest can delay the funeral by weeks or months, though the coroner can issue an interim death certificate so that some practical matters can proceed.
If there is a post-mortem, the coroner may release the body for funeral before the inquest is concluded. The coroner's office will keep you informed throughout the process.
Arranging the Funeral
Most funerals take place within 1 to 3 weeks of death. You do not have to use a funeral director; it is legal to arrange everything yourself. However, most families choose to use one.
Key decisions include burial or cremation, the type of service, the coffin, flowers, transport, and the wake. For a detailed breakdown of costs, see our funeral costs guide. For environmentally friendly options, see our green funerals guide.
Probate: Dealing With the Estate
Probate is the legal process of dealing with someone's estate after they die. If the person left a will, the executor named in the will applies for a "grant of probate." If there was no will, the next of kin applies for "letters of administration." Both give legal authority to deal with the estate.
| Step | Details | Typical Timeline |
|---|---|---|
| Value the estate | List all assets, property, investments, bank accounts, debts | 2 - 8 weeks |
| Submit IHT forms | IHT400 (if above threshold) or IHT205 (if below). Pay any IHT due. | Varies |
| Apply for probate | Online via GOV.UK or by post. Fee: £300 (estates over £5,000), £0 (under £5,000) | 8 - 16 weeks |
| Collect assets | Close bank accounts, sell property, cash in investments | Weeks to months |
| Pay debts and taxes | Final tax returns, outstanding bills, credit cards, mortgages | Ongoing |
| Distribute the estate | Pay out legacies and distribute the residue according to the will or intestacy rules | After all above complete |
The entire probate process typically takes 6 to 12 months. Complex estates (property abroad, business interests, contested wills) can take much longer. You can apply for probate yourself using GOV.UK or instruct a solicitor (typical cost: £1,500 to £5,000+, or 1% to 4% of the estate value).
Notifying Organisations
Beyond the Tell Us Once service, you will need to notify:
- Banks and building societies (they will freeze accounts)
- Pension providers (state pension, workplace pension, private pension)
- Insurance companies (life insurance, home, car, health)
- Mortgage lender
- Landlord (if renting)
- Utility companies (gas, electricity, water, council tax)
- Phone and broadband providers
- Employer (if the person was working)
- Credit card companies
- Subscriptions and memberships
- Social media platforms (see our digital legacy guide)
Differences in Scotland and Northern Ireland
Scotland
- Death must be registered within 8 days (not 5)
- Probate is called "confirmation"
- Children have "legal rights" to a share of the estate regardless of the will
- The Procurator Fiscal (not a coroner) investigates unexplained deaths
- There is no Tell Us Once service; you must notify organisations individually
Northern Ireland
- Death must be registered within 5 days
- Probate process is similar to England and Wales
- Coroner system is similar to England and Wales
- Tell Us Once service is available
- Intestacy rules differ slightly from England and Wales
Summary Timeline
Get the death confirmed by a doctor. Contact a funeral director if you wish to use one.
Register the death. Order death certificates. Use Tell Us Once.
Arrange and hold the funeral.
Value the estate. Gather paperwork for probate.
Apply for probate. Submit IHT forms and pay any tax due.
Receive grant of probate. Collect assets. Pay debts.
Distribute the estate. File final tax returns.