Until faced with such a situation, nobody is truly prepared for what to do when someone dies. Dealing with the loss of a loved one is an immensely challenging experience, regardless of whether it’s a sudden death or expected following a long illness. Given that between 30,000 to 35,000 people die in Ireland each year, every family will inevitably be touched by grief and loss at some point. Navigating the practicalities during this emotional time can add to the stress, particularly in the immediate aftermath of a loved one’s passing.
Understanding what to do when someone dies can help you manage the essential tasks that follow. This step-by-step guide aims to provide clear, practical advice to help you through this difficult period.
Understanding what to do when someone dies
Step 1: Obtain legal documentation of death
The first and most crucial step is to obtain the legal documentation of death. This includes the Death Notification Form issued by a doctor or the hospital which will state the cause of death. This document is vital for registering the death and handling subsequent legal and financial matters.
- Contact the doctor or hospital: They will have Part 1 of the Death Notification Form filled in.
- Get multiple copies of the death certificate: You will need these for banks, insurance companies, and other institutions.
Step 2: Register the death
While this is undoubtedly a difficult step in the grieving process, you must register the death of your loved one. Registering the death is a legal requirement in Ireland and should be done within three months of the death, however, you do have up to 12 months to register the death. This process officially records the death and allows you to obtain the death certificate.
- Make an appointment with the local Registrar of Births, Marriages and Deaths: Ensure you have the Death Notification Form (with Part 2 completed by you) and personal identification documents.
- Documents needed: Birth certificate, marriage certificate (if applicable), and the deceased’s PPS number.
Step 3: Notify necessary parties
News travels fast, particularly in small communities in Ireland. However, when it comes to a death in the family, it’s still important to reach out to family and friends to let them know of your loved one’s passing. While this can often be an emotional minefield, it’s a time for embracing the support of family and friends.
From a practical perspective, it’s equally essential to inform the relevant organisations such as financial institutions, insurance companies etc. A good tip is to make an ordered list of everyone who needs to be contacted and include the necessary contact details. Don’t be afraid to delegate parts of this task to immediate family members where possible.
- Immediate notifications: Family and friends, employers, and caregivers.
- Formal notifications: Department of Social Welfare office, tax office, banks, mortgage companies, insurance providers, and any financial advisors or brokers.
Step 4: Arrange for the care of dependents and pets
Children, other dependents and even pets are extremely vulnerable when their parent or caregiver has passed away. Making immediate arrangements for their care is a top priority, particularly for children needing emotional and physical stability. This might involve finding temporary guardians or caregivers until long-term plans are established.
- Children and dependents: Check the will or estate plan for guardianship instructions.
- Pets: Arrange for temporary or permanent care with family, friends, or pet care services.
Step 5: Secure the deceased’s property
While it’s an unfortunate reality, a home that has recently become vacant due to the death of the owner becomes vulnerable to theft or damage. Securing the deceased’s home and belongings is essential to prevent burglary, vandalism or even fire/flood damage. Ensure that the property is locked and that valuables are safely stored.
- Lock the home: Secure doors and windows.
- Manage ongoing responsibilities: Take care of household tasks like collecting mail, disposing of perishables, and maintaining the property.
Step 6: Locate the will and other important documents
Finding the will and other crucial documents is necessary to begin the process of estate administration. These documents provide instructions on how the deceased’s assets should be distributed. Now is a good time to identify the executor/(s) of the will so that they can begin their role in the probate process.
- Will and testament: This outlines the distribution of assets and any specific wishes.
- Other documents: Look for insurance policies, bank statements, deeds, and investment portfolios.
Step 7: Arrange the funeral and memorial services
Planning a funeral or memorial service allows family and friends to honour and remember the deceased. Your loved one may have had specific wishes regarding their funeral arrangements – these wishes should be stated in the will.
- Funeral director: Engage a funeral director to help with the arrangements.
- Service details: Decide on burial or cremation, the location of the service, and any religious or personal preferences.
Step 8: Manage financial and legal affairs
Handling the financial and legal affairs of the deceased involves several steps, from paying debts to distributing assets to beneficiaries. This process can be complex and may require professional assistance.
- Settle debts: Pay outstanding bills and debts, including funeral expenses.
- Close accounts: Inform banks and financial institutions to close or transfer accounts.
- Distribute assets: Follow the instructions in the will or, if there is no will, adhere to the rules of intestacy.
Step 9: Apply for probate if necessary
Probate is the legal process of validating the will and authorising the executor to distribute the estate. It’s important to note that probate is not always required – it largely depends on the value and nature of the deceased’s assets.
- When is probate needed? Typically required if the estate exceeds €25,000 or includes property.
- Applying for probate: Complete the Statement of Affairs (Probate) SA.2 form through the Revenue Online Service (ROS) or myAccount. This is the first step in applying to the Probate Office for a Grant of Representation.
You’ll find more detailed information about the probate process here.
Step 10: Seek professional advice
Navigating the aftermath of a death can be overwhelming, regardless of the circumstances. Don’t be afraid to seek professional support and guidance to help you through this difficult time, be it financial or legal advice, or emotional care for your mental wellbeing.
- Probate solicitors: Assist with legal processes and estate administration.
- Financial advisors: Help manage and distribute financial assets.
- Grief counsellors: Offer emotional support during this challenging time.
The importance of choosing a probate solicitor
The probate process can be fraught with complications, adding another layer of stress and upset to a grieving family. Selecting a competent probate solicitor is crucial in ensuring that the probate process is handled efficiently and correctly. A probate solicitor can navigate the complex legal terrain, manage all necessary paperwork, and provide expert advice tailored to unique family situations.
This can significantly reduce the stress and confusion associated with managing a deceased person’s estate, not to mention helping to avoid potential disputes. Your probate solicitor can ensure all legal obligations are met and the wishes of your loved one are honoured with respect and accuracy.
You’ll know what to do when someone dies with Summit Law by your side
At Summit Law, we understand that the death of a loved one is an emotional and stressful time for you and your family, which is why we are here to help you navigate the legal side of things.
Our dedicated probate team are ready to support you through every step of this journey, offering expert guidance and compassionate assistance. Contact us today to learn more about our probate and estate services.