Get a declaration of presumed death

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Attend a hearing

You’ll have to attend a hearing about your claim with a High Court judge - this should be within 2 months of making your claim.

Bring any relevant documents.

Your claim may be challenged at the hearing if someone gets a copy of the claim form or sees the advert.

At the hearing you might be:

  • asked for more information - the court will tell you how to get a court order if someone’s refusing to give you information you need

  • told there has to be another hearing - there may be several hearings before a decision is made

If the court agrees with your application, you’ll get a declaration of presumed death at the hearing or later by letter.

Get a certificate of presumed death

Apply to the General Register Office for a certificate of presumed death.

You can only do this after you have a declaration of presumed death that is not appealed and the time for appealing against the decision has passed.

You can usually apply for the certificate 21 days after you get the declaration, unless there’s an appeal or an application for permission to appeal the decision.

The certificate can be used like a normal death certificate, for example to deal with a missing person’s estate.

It costs £11.

General Register Office
Telephone: 0300 123 1837
Monday to Friday, 8am to 8pm
Saturday, 9am to 4pm
Find out about call charges

Appeal a decision

Contact the Civil Appeals Office to appeal against the High Court’s decision.

Civil Appeals Office
Telephone: 020 7947 7121
Monday to Friday, 9am to 5pm
Find out about call charges

Civil Appeals Office
Room E307
Royal Courts of Justice
The Strand
London
WC2A 2LL

Make a complaint

Use the complaints guidance if you’re not happy with the way you’ve been treated.

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