The person who is named as the executor in the will is responsible for administering the estate - for instance, settling debts and paying out legacies.
More than one executor may be named. The executor may be yourself, a relative or friend of the deceased, and/or a solicitor. If the solicitor is involved in administering the estate, they will charge for this. However, not everyone who is named as an executor has to act as executor when the time comes.
If you are the executor, you may want to administer the estate yourself. If you prefer not to, you can instruct a solicitor to do so instead – they do not have to have been named as an executor. They will charge for their work. Alternatively, you may want to deal with certain matters yourself and leave others to the solicitor - for instance, you might sort out the deceased’s possessions and deal with simple paperwork while the solicitor draws up estate accounts.
Administering an estate does not have to be complicated, and it is entirely possible for a lay executor to administer a straightforward estate if they wish. Guides to help executors with the administration of an estate are available from bookshops.
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Pensions, tax and benefits
Yourself
You may qualify for a Bereavement Payment, Widowed Parent’s Allowance or Bereavement Allowance.
Your local Benefits Agency should be able to advise you on eligibility and procedures for these. They should also be able to provide advice about any changes to your benefits or pension situation.
Please see the Further information: financial and practical advice section for further details.
The deceased
The surviving spouse of the person who has died or the executor(s) needs to deal with the following:
If the deceased received any state or private pension or benefit, you will need to complete the following form and send it to the local Social Security office:
England and Wales: the Certificate for Social Security Benefits
Scotland: Social Security registration or notification of death certificate
Northern Ireland: Form 36 This form will have been given to you when registering the death.
You also need to enclose any order books, payable orders or giro cheques. You may want to photocopy or take a note of any Social Security or pension numbers before you return the paperwork.
You should not cash any of the deceased’s pensions or benefits after their death. Any money due will be sent out to the next of kin after the Social Security office has received and processed the paperwork.
You will need to notify the local Inland Revenue office about your change in circumstances. For details of how to obtain their leaflet What to do about tax when someone dies, see the Further information: financial and practical advice section.
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People and organisations to inform
(This list is not exhaustive)
- GP (unless they already know)
- District Nurse if applicable, to cancel nursing care and any other services that were being provided
- local social services department if services such as meals on wheels, home helps or home care were being provided
- NHS or Red Cross if equipment was loaned to the deceased
- any hospital the deceased had been attending
- the deceased’s employer
- the deceased’s bank
- utilities suppliers (eg gas and electricity) if bills were in the deceased’s name
- other creditors (people to whom the deceased owed money such as credit card companies)
- Royal Mail if you need to redirect the deceased’s mail
- the local council housing department if the deceased was living in a council house, or their landlord if the deceased rented their home privately. If you shared a home with the deceased you are advised not to move out without getting legal advice first
- the local council regarding Housing Benefit, Council Tax and Council Tax Benefit
- the teacher, college or employer of a child or young person if a parent, family member or close friend has died
If appropriate, either you (if you are the surviving spouse or next of kin) or the executor(s) will need to:
- return the deceased’s driving licence to the DVLA
- return the deceased’s car registration documents to the DVLA (for change of ownership to be recorded)
- contact the car insurance company. Anyone who drives a car that is insured in the deceased’s name is not legally insured unless their own insurance covers them for driving any vehicle. If the policy cannot be suitably amended or if nobody else will drive the car, you may be able to claim a partial refund of the premium.
You or the executor will also need to return the following documents with a cover note detailing the date of death:
- passport
- season tickets (you may be able to claim a partial refund)
- library tickets and any items that were borrowed from libraries
- membership cards of clubs, associations, trade union etc (you may be able to claim a partial refund of fees)
Although this is not part of the administration of the estate, you may need to review your own will in light of your loss.
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