Losing a loved one is never easy. During this time the feeling of grief can be overwhelming, but there are important legal steps that must be taken. Below is a guide to help you understand both the emotional and practical tasks when you lose someone.

The first things to do when someone dies

When a loved one passes away, grief is often accompanied by uncertainty about what to do next. Although it can seem overwhelming, there are also legal and financial matters that require attention. At a minimum, the following things need to happen:

• Register the death: this has to be done in person and by a relative or spouse. It is done at your local registry office, and must be within five days of being notified of the death. 
• Obtain the death certificate: you can buy these when you register the death or online at a later date. These are needed to evidence the death at places such as the bank. You will also get a certificate that allows you to bury or apply to cremate the person, which is usually handed to the funeral director.
• Notify people about the death: it’s important to tell the government and other organisations about the death. You can use the Tell Us Once service, so all relevant departments are notified. Other companies to consider include their employers, pension providers, banks, utilities etc. As well as telling the government and companies you will need to notify friends and family of your loved ones passing, and of the funeral arrangements when they are made.
• Arrange a funeral: unless the death is reported to a coroner you can begin arranging the funeral straight away. The funeral will not be able to take place until after the death is registered, but the undertaker will guide you through the necessary steps. Make sure you check if the person had already made funeral arrangements such as a prepaid funeral plan to cover the costs or if they have made a note of their wishes (for example if they wish to be buried or cremated). If you need financial help with the funeral, an application can be made for a grant and the funeral director may be able to assist you with this.

During this emotional time, it’s also important to seek support for grief if you are struggling. From trusted family, friends to bereavement services, there are people who are ready to listen.

Talking is a great avenue for processing grief as talking can release oxytocin and dopamine which are our feel good chemicals and help us bond with other people.

The legal essentials: probate, wills and what a probate solicitor does

If your loved one has left a will, the person named as executor is responsible for managing the estate and for arranging the funeral. If there’s no will, the estate will follow intestacy rules, and an administrator will be appointed.

At that point, a “grant of probate” (or “grant of letters of administration” if there’s no will) may be required, especially if the estate includes property and other substantial assets.

At Switalskis, our experienced probate solicitors can help you through this entire process. From valuing the estate and handling any debts or liabilities, to preparing the legal paperwork, obtaining the grant of probate or letters of admibnistration, and ultimately distributing the estate as intended.

Because the probate process can be complex - often involving tax, banking, property, and multiple beneficiaries - many executors choose to appoint a probate solicitor to avoid mistakes and reduce stress during an already difficult time.

Why it’s important to balance legal responsibilities and grief

It might feel wrong to think about legal paperwork and finances while you are grieving the loss of someone you love. Probate is the legal right to deal with someone’s property, money and possessions. Until probate is granted you can’t make any financial arrangements or sell their property/possessions.

However, dealing with probate and the administration of the estate with the right guidance can provide a degree of clarity and closure for loved ones.

By letting a professional handle the application for probate and administration of the estate, you give yourself space and time to grieve. It allows you to honour the wishes of your loved one and fulfil the necessary responsibilities without delays or complications.

How Switalskis can help

If you’re unsure what to do when someone dies, or if the legal process feels overwhelming, our experienced wills and probate team can offer clarity and support. And in the midst of loss, reaching out for emotional support matters just as much.

During National Grief Week, we recognise that grief and legal responsibilities often come hand in hand. But, with care, compassion, and the right legal and emotional support, you can navigate both.