Get a declaration of presumed death

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Advertise your claim in a newspaper

You must advertise your application in a newspaper local to the missing person’s last known address.

Place the advert within 7 days of the issue date stamped on the claim form.

Use standard text for the advert

Use the following text and make sure you:

  • put your case number after the words case number
  • replace or delete as appropriate the words in square brackets with the relevant details

Standard text

“In the High Court of Justice [Chancery] [Family] Division

Case number.

In the matter of an application for a declaration of the presumed death of [insert the missing person’s name].

A claim has been issued in the High Court of Justice, for a declaration that [insert missing person’s name] whose last known address was [insert missing person’s address] is presumed to be dead. Any person having an interest may apply to the court to intervene in the matter.

If you wish to apply to the court, you should do so at [court address] as soon as possible, and if possible within 21 days of the date of this notice. Delay may harm your prospects of being able to intervene.

(If the claimant is legally represented)
[Name of the claimant’s legal representative]
[Address of the claimant’s legal representative]
(If the claimant is not legally represented)
[Claimant’s address for service]”

Send a copy to the court

Send the court a copy of the newspaper page showing the advertisement so it arrives at least 5 days before your court hearing.

View a printable version of the whole guide

Part of What to do when someone dies: step by step

  1. Step 1 Register the death

    1. Register the death within 5 days

    Check what to do if:

    To stop or change benefits payments you can tell the Department for Work and Pensions (DWP) about the death straight away.

  2. Step 2 Arrange the funeral

    1. Arrange the funeral
    2. Find bereavement services from your local council
    3. Get help paying for a funeral
    4. Get help paying for a child's funeral
    5. Find bereavement help and support

  3. Step 3 Tell government about the death

    The Tell Us Once service allows you to inform all the relevant government departments when someone dies.

    1. Use the Tell Us Once service to tell government
    2. If you cannot use Tell Us Once, tell government yourself

    You'll also need to tell banks, utility companies, and landlords or housing associations yourself.

  4. Step 4 Check if you can get bereavement benefits

    You might be eligible for financial help.

    Check if you can get:

  5. and Deal with your own benefits, pension and taxes

    Your tax, benefit claims and pension might change depending on your relationship with the person who died.

    1. Manage your tax, pensions and benefits if your spouse has died
    2. Check how benefits are affected if a child dies

  6. and Check if you need to apply to stay in the UK

    If your right to live in the UK depends on your relationship with someone who died you might need to apply for a new visa.

    Check the rules if:

    1. Contact UKVI to check the rules for other visas

  7. Step 5 Apply for probate and check if you need to pay Inheritance Tax

    You might need to apply for probate and pay Inheritance Tax before you can deal with the property, money and possessions (the ‘estate’) of the person who died.

    1. Check if you need to apply for probate
    1. Estimate the value of the estate to find out if you need to pay Inheritance Tax
    1. Find out how to report the value of the estate
    1. Pay Inheritance Tax if it’s due
    1. Apply for probate

  8. Step 6 Deal with the estate

    Pay any debts or taxes owed by the person who's died. You can then distribute the estate as set out in the will or the law.

    1. Deal with the estate
    1. Update property records