Guide to Register a Death in Birmingham then Funeral, Probate

Register a Death in Birmingham then funeral and how to apply for probate and more…

This is what you need to know when dealing with a death in the City. 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 to apply for probate – just call https://www.theprobatedepartment.co.uk/contact-us-for-probate-help or use the form at the foot of the page.At the time of writing, the Birmingham Probate Registry (which has nothing to do with registering a death) is closed to the public, and any executor who has already submitted probate applications should ring https://www.theprobatedepartment.co.uk/contact-us-for-probate-help. There is also no guarantee that the local Probate Registry will even deal with a local Probate application. See also Probate delays. Unless the Birmingham Coroner is involved (and they are in around 43% of cases) you have just 5 days to register a death in Birmingham – and that includes weekends and Bank Holidays – advise the registrar if there is a problem in good time, as a delay is technically a criminal offence.  There is also a Directory of Birmingham Funeral Directors below.Should you need to contact the Birmingham & Solihull Coroner, they are at The Coroner’s Court, Steelhouse Lane, Birmingham B4 6BJ. Telephone: 0121 303 3228 Email:co*****@************ov.uk

Wrong area?  Go here.  Need a sensible Probate Quote?                      Have a business which should be listed? See the foot of this page.

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

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The Medical Certificate of Cause of Death (MCCD or Green Form): from the Doctor or Birmingham Coroner.

Delaying this will delay other things; if the death was in a hospital, they may well provide it. If not, notify the deceased’s doctor and request the MCCD be sent to the Registrar. If they haven’t seen the deceased within 4 weeks, or if the death was sudden, they may refer it to the Birmingham and 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. This is normally emailed to the Registrar, but you can’t register a death in Birmingham until the Registrar has the Green Form (if the Birmingham Coroner is involved, they will email it to the Register Office).

Who to Notify of a Death in Birmingham.

After someone dies, one of the most important steps 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 arise 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.) Who is going to register the death?  It has to be done within 5 days unless the coroner extends that period through their involvement,The executor should arrange to secure any valuables if the property is no longer occupied – we would recommend photographing everything before removing it.

(Placeholder for page sponsors banner – other Birmingham Funeral Directors can list themselves at the foot of the page)

The next step is usually to appoint a Birmingham undertaker to collect the deceased part 1 HOWEVER…

Of course, the Birmingham Funeral Director cannot organise the actual funeral until the death has been registered and they have seen the death certificate. They will normally liaise with the Coroner where appropriate.There is a list of the Birmingham Funeral Directors we can find below.

• Thousands of pounds can be wasted if there is a prepaid funeral plan and the wrong funeral director is used.                       Find a funeral plan.
• If the death has been referred to the Birmingham Coroner, you will need their agreement to move the deceased as they may wish to examine the body.  Birmingham and Solihull Coroner is at Birmingham Magistrates Court, Steelhouse Lane, Birmingham B4 6BJ Phone: 0121 303 3228 and speak to one of the Coroners’ Officers if this is the case.

This is less critical if they die in a hospital, as they can normally be kept in the morgue.

• If the deceased lived in a care home, they would carry on charging fees (often 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 Directors in Birmingham appears below.
• Technically, appointing the funeral director is the executor’s job, 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 pay out funds 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.

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

Government help with bereavement.

Who is going to conduct the funeral?  Or maybe you will have a Wake/ memorial / Celebration of Life Later on?

For many people, it will be the Minister or other religious leader who conducts the service, or maybe the funeral director.  The eulogy – potted life story – can be a key element in that, and some families are happy to pay a little more for a professional funeral celebrant who will generally have a meeting with the family beforehand and then draft up a really good presentation for the family and, being accustomed to public speaking, deliver it at the funeral.   Some of them also organise the wake or celebration of life.  This may be immediately after the funeral, or often sometime ahead when family have time to organise a get-together which everyone can attend.  Sometimes, that will include the spreading of the ashes. The funeral cannot take place until you have registered the death in Birmingham.If you are a minister or celebrant wishing to offer your services in  Birmingham, please use the comment form below so I can add your details in the Celebrants section below the Funeral Directors.

Who can register a death in Birmingham?

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.
• a relative of the deceased.

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

Once it’s been established who should register the death, and once the Birmingham Coroner (if involved) has agreed, the next step is to contact the Birmingham Registrar of Births, Deaths and Marriages if the person died in Birmingham. 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 the funeral,  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).NB – the 5 days is NOT 5 working days, but a strict 5 days. Call the Registrar if this is a problem, as it is a criminal offence unless the Coroner is delaying things. It MAY be that a short extension can be permitted – but only if you contact the Registrar with an acceptable reason.We recommend taking advantage of the Birmingham Registrars’ “Tell Us Once” service, which will notify many official departments of the death and save time.Where to register a death in Birmingham Registrar of Births, Deaths and Marriages  Holliday St, Birmingham B1 1TJ  Phone: 0121 675 1000. Online Contact Form. Route Map to Birmingham Register Office – just put in your postcode. Do bear in mind that there are no free car parks in the area, so public transport may be easier. On street parking may be available, but is increasingly payable by app or phone rather than coins.  Birmingham New Street Station is not too far away.

Do use the Tell Us Once Service when you register a death in Birmingham.

Find the Will, if there is one.

More on 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 if there is no Will. 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 otherwise Court permission is needed. We can point you to relatively inexpensive advice.

Personal DANGER for executors/ administrators:

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.
7. If the Will is going to be unpopular, the Executor will be blamed – so no need to take the flak – let the professional be the unpopular one!

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. Remember that the cost of professional executors is paid by the estate, not by you personally, and any payments you do make are recoverable from the estate before beneficiaries are paid.

Organise the Funeral in Birmingham. Part 2.

Now it’s time to arrange a funeral in Birmingham. This is typically done by the family or (officially) the executor of the deceased, though you can appoint a professional funeral director who will discuss things with you and then 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 cemeteries and crematoria below the enquiry form.

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

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 the contents 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!

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.See also 13) below.

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

Applying for Probate in Birmingham 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 0300 123 1072 or 0117 930 2430. Whilst our site helps with DIY Probate, there are circumstances where we recommend you contact us on https://www.theprobatedepartment.co.uk/contact-us-for-probate-help 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. See above.These steps could well be of benefit to both Executors and Beneficiaries:

• If not already done, it is wise to open an executor’s account with a bank at this stage, as allegations of all sorts can arise if you pay any funds into your 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 bank statements) etc.

In terms of professional fees for a full estate administration service, we have consistent access to firms charging no more than 1.5% plus VAT and third-party costs, and often less. Some firms add that much as a bonus on top of their full hourly rates!! Call us or use the contact form to save money. In 2023, average house prices in Birmingham were  £268,102, according to Rightmove. Potential savings on a £250,000 estate would be £4,500, on a £500,000 estate could be more than £9,000.  For £1m, the “bonus” is £18,000.   Double that on £2m, at £50m it gets unthinkable!

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 on 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 a free Guide to Probate or professional help or assistance with Probate in Birmingham, please call us on https://www.theprobatedepartment.co.uk/contact-us-for-probate-help or use the form at the foot of the page, and we will find you some economical help.”

Cemeteries and Crematoria in Birmingham.