A-Z Dealing with Death in Derbyshire Registration Funeral Probate

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Dealing with a death in Derbyshire: registration, funeral and probate.

This is what you need to know when dealing with a death locally.  It can be a daunting task, but our printable list of what to do and who to contact should make it much easier and avoid the legal jungles some folk land themselves in. Many people will be able to manage the Probate side without professional help, but we can introduce you to tailored services should you need help – just call 03 300 102 300 or use the form at the foot of the page. Any executor who has already submitted probate applications should ring 0300 303 0648 after reading Probate delays.    Before you attempt to register a death in Derbyshire, please do read through this page carefully to avoid wasted time and delays. Wrong area?  Go here. For Derby City here.

  • I have tried to cover the essentials on this page for other useful information and tips, try here or use the search facility. If that fails to find what you are looking for, let me know.

A Medical Certificate of Cause of Death (MCCD or Green Form)

Delaying this will delay other things, if the death was in hospital, they may well provide it. If not, notify the deceased’s doctor and request the MCCD. If they haven’t seen the deceased within 4 weeks, or if the death was sudden they may refer it to the coroner, which may mean the funeral is delayed. If the death is sudden and unexpected you should contact the Police non-emergency service on 101 to be on the safe side, and always the deceased’s doctor. You can’t register a death with the Derbyshire Register Office until the Registrar has received the MCCD.

Who to Notify of a Death in Derbyshire.

One of the most important steps after someone dies is to inform their next of kin. This should be done as soon as possible, and all dependents/family members should also be informed. Ideally, a list should be in place long before: create a plan that outlines who you want to contact, how you want them to be contacted, what details need to be shared and when you will contact them. It may also help to create a physical list or a form with all the necessary details in case further discussions come up while informing people. The address book is the obvious place to look, though these days that might be computerised. Some families organise viewings of the body, but I would suggest these are restricted to adults (personal experience.) The executor should arrange to secure any valuables if the property is no longer occupied – we would recommend photographing everything before removing it. Register Office in Lincolnshire.

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The next step is usually to appoint a Derbyshire Funeral Director to collect the deceased part 1 HOWEVER…

a) Thousands of pounds can be wasted if there was a prepaid funeral plan (often confused with life insurance) and the wrong funeral director is used.   Check out this page: Find a funeral plan.

b) If the death in Derbyshire has been referred to the local Coroner, you will need their agreement to move the deceased as they may wish to examine the body.

Contact the Derbyshire coroner’s service

HM Coroner Derbyshire Saint Katherines House, Saint Mary’s Wharf, Mansfield Rd., Derby DE1 3TQ   01629 535050 and speak to one of the Coroners’ Officers if this is the case. Directions to the Derbyshire Coroners office.
 

 2c) Getting the body removed is less critical if they died in hospital, as they can normally be kept in the morgue. If the deceased lived in a care home, they will carry on charging fees (often well over £1000 a week) until both the deceased and their possessions have been removed. Other residents do find it uncomfortable. A list of some of the Funeral Director Derbyshire appears below. Technically, appointing the funeral director is the job of the executor, so they should be involved if at all possible.  The person who appoints the funeral director can be held liable for the costs if the estate does not pay.

TIP: banks, if asked in advance, will usually pay out funds from the deceased’s accounts without probate to the funeral director if invoiced direct.  They will NOT release funds to reimburse the executor or family if they pay direct: they will have to wait until probate is granted (assuming it is needed) and claim as creditors.

Government help with bereavement.

Available for sponsorship to help the site.

 

Who can register a death in Derbyshire?

Where possible a death should be registered by a relative of the person who has died, but other people who can register include:

  • a person present at the death
  • the owner or manager of the residential home where the death occurred
  • the person responsible for arranging the funeral.

Register a Death in Derbyshire with the Registrar of Births, Deaths and Marriages within 5 days:

Once it’s been established who should register the death, the next step is to contact the Derbyshire Registrar of Births, Deaths and Marriages if the person died in Derbyshire. You can register the death elsewhere, but the death certificate will always be issued where the deceased died, so there will be an additional delay. Registration is needed so that a certificate can be issued and used for important matters such as applying for probate and sorting out any property that was owned by the deceased. You’ll need to provide some personal details, such as their full name, date and place of birth, home address and whether they were married or not. The Registrar will also need to know where, when and how the death happened. What the Registrar needs to know (PDF download). We recommend taking advantage of the Derbyshire Registrars’ “Tell Us Once” service which will notify many official departments of the death and save time.

Derbyshire Register Office – to register a death (Derbyshire Council).

Some registrars offices are open full time, others are part time, which will be sorted out when the appointment is made, typically if the Registrar calls the next of kin having received the medical certificate of cause of death.   But you MUST RING to book an appointment if not.

To make an appointment to register a death in Derbyshire call the relevant Register Office. But do ensure you are the right person, and that you have the information the Derbyshire Registrar of Births, Deaths and Marriages, and the MCCD has arrived. Copies of the death certificate are currently £11 each, and be sure to get several, as otherwise dealing with the estate can be handicapped by firms being very slow to return them, or just failing to do so at all. Derbyshire County Council Please note that the 5 days is NOT 5 working days, but a strict 5 days. You must contact the Registrar if it may be any longer unless the Coroner is reviewing the death. Not to resolve this a criminal offence.

Out of hours where urgent BURIAL within 24 hours is needed for religious or cultural reasons call 07976 474976 between 10am and midday. A message will get the registrar to contact you.

Link to videos of What to do after a death and of Tell us Once Service which advises Government related organisations of the death.

Find the Will, if there is one.

How to find a Will

The executor appointed in the Will is responsible for everything and should authorise anyone wishing to take anything, as it may not be allowed by the Will. If there is no Will, then the next of kin can act as Administrator (essentially the same as executor). The next of kin is NOT a common-law spouse, who is in a complex situation and should take advice. Be very careful with potentially valuable items as their value needs to be established.

Use the form below if you would like an emailed copy of our Guide to Probate.

If professional help is needed, please contact The Probate Department (brokers) and we will find suitable help at a sensible cost (see the form at the foot).

Be aware that lay executors cannot charge for their time, but they can recover any money they have paid out of the estate and perhaps mileage and post costs – keep records.  One executor decided they needed a car to carry out their duties, which was considered quite unacceptable by the court, so be prudent. Professional help can be reimbursed by the estate before distribution/ Some executors refuse to give copies of the Will to beneficiaries: it is my personal opinion that this makes people suspicious and may well need to quite unnecessary legal action.

No Will? Then the Rules of Intestacy apply.

Then the next of kin can apply for probate, if necessary, but they are called Administrators rather than Executors and who inherits is decided by the Law rather than the deceased or the family and disputes are even more likely, with dependants who are not legally family (such as common law spouses) may have to go to Court to obtain anything.

WARNING: some executors or administrators think they can do whatever they think is best with the proceeds and ignore the Will or Rules of Intestacy. This is not so, and unless done in a legal fashion is potentially THEFT. They must do what the Will dictates, or follow the Rules of Intestacy. It is potentially possible to make changes via a Deed of Variation, but only if any beneficiary losing out is of sound mind and over 18. In that case Court approval will be needed. We can point you at relatively inexpensive advice.

DANGER: We strongly suggest contacting us to find a competent and relatively inexpensive probate professional if:

  1. The person responsible does not have the necessary administrative skills. 
  2. Inheritance Tax may be payable OR
  3. If there may be a probate dispute – I have seen so many families fall out over Wills, and it can often be prevented if they blame a probate professional!
  4. If there are Trusts involved (whether in the Will or not) 0r overseas assets.
  5. If there have been significant gifts made by the deceased within the last 7 years (sometimes 14). If these gifts are added back into the estate, might IHT be payable or increased?
  6. If the deceased’s home has previously been transferred to anyone else but they carried on living in it. 

Professional services can range from just checking the forms to doing the whole thing, and we can usually save a great deal of money, often well over half.

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Arrange a Funeral in Derbyshire. Part 2.

Now it’s time to arrange a funeral in Derbyshire. This is typically done by the family or (officially) the executor of the deceased, though you can appoint a professional funeral director to take care of this for you. You’ll need to decide on the type of service and burial or cremation, any special requests and who will be invited. You may also wish to contact newspapers or websites if you’re planning a public service. It’s important to keep track of your costs as they can be claimed back from the estate later. If you are not sure if the deceased left any funeral wishes, they are sometimes in the Will. There is a list of Derbyshire cemeteries and crematoria below.

WARNING to Executors / Administrators:

some executors or administrators think they can do whatever they think is best with the proceeds and ignore the Will or Rules of Intestacy. This is not so, and unless done in a legal fashion is potentially THEFT. They must do what the Will dictates, or follow the Rules of Intestacy. It is potentially possible to make changes via a Deed of Variation, but only if any beneficiary losing out agrees, and is of sound mind and over 18. In that case, Court approval will be needed. We can point you to relatively inexpensive advice.

The Executor should Secure the Deceased’s Property and Possessions after a death in Derbyshire.

After the funeral and burial or cremation is complete, it’s time for the executor/s to start dealing with the deceased’s property and possessions.

  • If their property is no longer occupied, the insurance of both buildings and contents needs review, contact the insurers as claims on empty properties may not be paid. More on insurance for empty properties.
  • You should also consider changing the locks as no one knows who has keys. If it is rented, with the landlords’ permission or arrange for it to be valued and cleared quickly to reduce the rent payable..
  • Secure any valuables if not already done – we would recommend photographing everything before removing it.
  • Tracking down any assets that have been left in a will, administering or arrange to be set up any trusts set up before death,
  • You’ll need to contact banks, insurers, mortgage lenders and other companies if applicable.  You will need to establish date of death values for both assets and liabilities. HMRC must be informed of the death to ensure they deal with any relevant tax issues, but if the Tell Us Once Service was used, they will be aware..
  • If Inheritance Tax is a possibility, we would strongly recommend that you contact us so we can find you a suitable adviser as things can get very complex. For example, and gifts made within the last 7 years may be pulled back into the estate before tax is calculated.
  • Where there may be debts, it would be prudent to advertise the death in the approved fashion in the local paper and Gazette to avoid creditors suing the executor.  If there is a business too, you may need to advertise in Trade papers as well.
  • Unclaimed assets – many people have privatisation shares and other accounts which they have forgotten about so it is wise to check for unclaimed assets.
  • BE VERY CAREFUL ABOUT WHAT YOU THROW AWAY!

Derbyshire Independent Financial Advisers.

It is also probable that you would benefit from the services of a genuinely Independent Financial Adviser local to you, both personally or during the course of the probate and estate administration.

Organise Financial Affairs with Banks, Insurance Companies and HMRC.

It is important to contact banks, insurance companies and HMRC as soon as possible after a person has passed away. This means organising financial affairs and dealing with any debts that may be outstanding.  For all assets or liabilities you will need a date of death balance, including any interest accrued but not yet added, so the executor might as well ask for it immediately. Obtaining probate (a legal document often required when administering an estate) can also help gain access to certain accounts. If inheritance tax is owed, it must be paid BEFORE probate is granted either from the estate or from the beneficiary’s own resources before inheriting or by way of a probate loan. If there is money in the bank or National Savings, then you may be able to arrange for them to pay towards the IHT before probate is granted.

Paying IHT        Is Probate Needed?        Are you entitled to Bereaved Parents Benefit? May apply to unmarried couples too – check.

Applying for Probate in Derbyshire or Letters of Administration.

Probate is not always required, but the executor should keep careful notes of all assets and liabilities, partly as they have to account to the residuary beneficiaries, and partly as one item may turn up later which cannot be released without a Grant of Probate/ Letters of Administration and if you have not kept the notes, you may have to do everything again! Forms to apply for probate can be obtained by calling 0117 930 2430 (24×7) or 0300 123 1072. Whilst our site helps with DIY Probate, there are circumstances where we recommend you contact us on 03 300 102 300 to be introduced to a suitable probate adviser who can provide the level of help you need, from just checking the forms to doing everything.

For our FREE DIY Guide or to look at Professional Probate Options at sensible costs CLICK.

These steps could well be of benefit to both Executors and Beneficiaries:

  • If not already done, at this stage it is wise to open an executors account with a bank, as allegations of all sorts can arise if you pay any funds into your own bank account.
  • Putting a notice in The Gazette to ensure that there is protection against unknown creditors.
  • Searching for unknown assets such as privatisation shares, paid-up insurance policies (some insurance policies require no further payments after a certain age, so there may be no evidence of them on banks statements) etc.

Estate Administration

Once you have the Grant or Letters of administration (and you will need more copies than you expect) then you can gather in the assets, pay any outstanding debts, pay out the specific legacies such as £1000 or the mantle clock, get the estate accounts agreed by the residuary beneficiaries (they are the ones who get a proportion of the estate) and right at the end, once they have all agreed the accounts, you can pay them.  You do need to be certain none of the beneficiaries are bankrupt, and if you fail to do so, the Trustee in Bankruptcy may come after you as the funds should have been given to the Trustee. All paperwork should be kept for six years. If you are looking for professional help or assistance with Probate in Derbyshire, please call us on 03 300 102 300 or use the form below, and we will find you some economical help.

Derbyshire Funeral Directors

Lincolnshire funeral directorsespecially if their free listing is incomplete!

Funeral Directors Chesterfield

  • Hattersley’s Funeral Service 211 Chatsworth Rd 
  • Harold Lilleker Independent Funeral Directors 369a Hasland Rd · 01246 277095
  • Spire Funeral Services 95 Derby Rd · 01246 221555
  • Dignity 33 Hazlehurst Ln, Stonegravels Ln, Chesterfield S41 7LX
  • Chatsworth Funeral Services 488 Chatsworth Rd, Chesterfield S40 3BD
  • Coop 55 W Bars, Chesterfield S40 1AZ
  • Dignity Whitting Valley Rd, Old Whittington, Chesterfield S41 9EY
  • Coop 276 Newbold Rd, Chesterfield S41 7AJ.
  • The Woodland Burial Company 0115 939 9030
  • Dignity 15 Ringwood Rd, Brimington, Chesterfield S43 1DF
  • Freeman Daynes 1 Church St, Brimington, Chesterfield S43 1JG.
  • Birds Funeral Services 44 Loads Rd, Holymoorside, Chesterfield S42 7EU.
  • J E Nicolson 329 Langer Ln, Wingerworth, Chesterfield S42 6TY.
  • Jack Ellis & Son  134 Rupert St, Lower Pilsley, Chesterfield S45 8DE.
  • J R Hoult & Grandson The Lodge, 1A Chesterfield Rd, North Wingfield, Chesterfield S42 5LF.
  • Stephen Pledger Independent Funeral Directors Heath Rd, Holmewood, Chesterfield S42 5RA.
  • Dignity 2 Thanet St, Clay Cross, Chesterfield S45 9JR.
  • Farewell Funerals  109 High St, Clay Cross, Chesterfield S45 9DZ.
  • Ken Montague Funderal Directors 42 Thanet St, Clay Cross, Chesterfield S45 9JT.

Funeral Directors Long Eaton

  • Dignity 16 Market Pl, Long Eaton, Nottingham NG10 1LT.
  • Coop 88-90 Derby Rd, Long Eaton, Nottingham NG10 4LB.
  • Kinton & Daughter 397 Tamworth Rd, Long Eaton, Nottingham NG10 3JP.
  • A H Lymm West Park House, 33 Lime Grove, Long Eaton, Nottingham NG10 4LD.

Funeral Directors in Swadlincote

  • Cherish Funeral Directors 65 High St, Swadlincote DE11 8JA.

  • Tony Fagan & Sons Funeral Directors 10 Belmont St, Swadlincote DE11 8JU 01283 224945.

  • F.M. & J. Wait Funeral Directors 25 Market St, Church Gresley, Swadlincote DE11 9PR.

  • Waard & Brewin 20 West St, Swadlincote DE11 9DE.
  • Murray’s Funeral Directors 1 Boardman Rd, Church Gresley, Swadlincote DE11 9DL
  • Maxwells Funeral Directors 388a Burton Rd, Midway, Swadlincote DE11 7ND.
  • Coop 107 Granville St, Woodville, Swadlincote DE11 7JH.
  • Swadlincote Funeral Directors 15 Pickering Dr, Blackfordby, Swadlincote DE11 8GL.

Funeral Directors in Ilkeston

  • G T Edwards Funeral Directors, 126 Nottingham Rd, Ilkeston DE7 5NW  0115 932 5469.
  • A W Lymn Park House, 1 Park Rd, Ilkeston DE7 5RE.
  • Bespoke Funeralcare  Bespoke House, Brussells Terrace, Ilkeston DE7 8FG.
  • Coop  57 Lower Stanton Rd, Ilkeston DE7 4LR.
  • Ilkeston Independent Funeral Service  141 Bath St, Ilkeston DE7 8AS.
  • Decadent Departures 2 Lows Ln, Stanton by Dale, Ilkeston DE7 4QU.

Funeral Celebrants

Grave Tending Service in Derbyshire

  • KeptKleen ke**********@***il.com tel:07791 664043.
  • Derbyshire Memorials 07496 931 090

 

Florist in Derbyshire

  • Robert Young Florists – Unit 1 Brookfield Way, Brookfield Industrial Estate, Tansley, Matlock DE4 5ND Tel: 01629 580254

  • Cottage Garden Florist Williton  
  • Floraline Belper 01773 825153
  • The Flowershop of Ashbourne 

Estate Planning:

making, reviewing or updating Wills and Powers of Attorney – and ongoing service as Tax, the Law and your Personal Circumstances change. Click the link.

Financial Advice:

it is also probable that you would benefit from the services of a genuinely Independent Financial Adviser in Derbyshire or  local to you, both personally or during the course of the probate and estate administration.

Probate Property to sell in Derbyshire?

Avoid chains and disappointments: market value in the bank within 3-5 weeks of grant, click to learn how, as preparation is needed.

 

Cash Buyer as an alternative.

Free Property Value estimate or formal RICS Valuation for probate.

 

Estate Agents & Valuers: please add your name and address and phone number ONLY as a comment at the foot of the page.

Locksmiths: always change locks on empty buildings and check the buildings insurance remains valid.

Probate Property Index Page

Estate Agents & Valuers:

please add your name and address and phone number ONLY as a comment at the foot of the page.

Please suggest some using the comments at the foot of the page!

Locksmiths:

always change locks on empty buildings and check the buildings insurance remains valid.  

TM Locksmith  07368 847965

House Clearance

Please suggest some using the comments at the foot of the page!

Auctioneers and Valuers

Please suggest some using the comments at the foot of the page!

Wake Venues in Derbyshire.

Please suggest some using the comments at the foot of the page!

Caterers

Please suggest some using the comments from below.

Cemeteries & Crematoria in Derbyshire

See also Derby

Marekeaton Crematorium ROUTE. Markeaton Lane Derby DE22 4NH. be*********@*******ov.uk Phone: 01332 956600.

Amber Valley Crematorium ROUTE. Derby Road, Swanwick, Derbyshire, DE55 1BH 01773 522840 Me*****@********************co.uk

Trent Valley Crematorium ROUTE. Derby Road Aston-On-Trent Derby DE72 2AF  01332 321 064 / 01332 321 679.

Chesterfield Crematorium ROUTE.  Chesterfield Road, Brimington, Chesterfield, Derbyshire, S43 1AU Phone: 01246 345888  be******************@**************ov.uk

Cemeteries

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