Get a declaration of presumed death

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Make your claim

Download and fill in a claim form (N208) with details about:

  • yourself - known as the ‘claimant’
  • the missing person - known as the ‘defendant’
  • your claim

Include relevant information about your claim in the section ‘details of your claim’.

Send the following to a court that can hear High Court cases.

  • form N208 - 1 copy for each person named in the form plus a copy for the court
  • any supporting evidence, for example statements from witnesses, police reports
  • the claim fee of £528 - make your cheque payable to ‘HM Courts and Tribunals Service’

The court will stamp your form with an issue date and keep one copy. You’ll get the other copies back, along with ‘acknowledgement of service’ forms and a case number.

Send copies of your claim to other people

Send a copy of form N208 and an acknowledgement of service form within 7 days of the issue date on the form to:

  • the missing person’s spouse or civil partner, parents, children and siblings - if none of these are alive send it to the missing person’s nearest relative
  • any other person or organisation who might have an interest, for example an insurance company

You must advertise your application in a newspaper within 7 days.

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