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How Long After a Person Dies Will Beneficiaries Be Notified?

How Long After a Person Dies Will Beneficiaries Be Notified?

The death of a loved one can be a challenging time, and is often accompanied by a range of administrative tasks that may seem overwhelming. Some of the most pressing questions for many are about the timeline for beneficiary notification - in order words, when should beneficiaries of a will be notified about the death?

Knowing this timeline is crucial for ensuring that the deceased’s wishes are respected and that the estate is managed smoothly. In this guide, the experts at Percy Hughes & Roberts Solicitors will clarify how long after a person dies beneficiaries are typically informed, and provide clear advice to help executors navigate this difficult time with confidence and ease.

If you have any questions we have not answered, our expert Wills, Trusts & Probate solicitors are happy to speak to you regarding your query and provide the legal services you need. You can contact us by completing the enquiry form below or by calling 0151 666 9090.

Who Are the Beneficiaries?

A beneficiary is a person or entity named in a will to receive assets from a deceased person’s estate. Beneficiaries can be family members, friends, charities, or organisations that the deceased wished to support after their passing.

Assets held jointly will automatically pass to the surviving spouse or civil partner under the Rules of Survivorship. Any other things that were solely owned by the deceased must be distributed according to their will. As such, the assets that beneficiaries may receive can vary widely. Gifts often include money, property, personal belongings, or other significant items.

Giving gifts to beneficiaries is an essential part of fulfilling the deceased’s final wishes. As the executor, distributing their estate as intended is also a legal requirement.

How Long After a Person Dies Will Beneficiaries Be Notified?

In the UK, there is no fixed legal timeframe for when beneficiaries must be notified about the deceased's estate, but there are general expectations and guidelines that can help executors avoid conflict when managing an estate. Early communication by the personal representative (either an executor or administrator) is recommended to avoid any potential disputes with beneficiaries.

If the deceased died intestate, the process of notifying beneficiaries can be more complex and time-consuming. The most important thing is for executors to communicate well throughout the entire estate administration process. Provide the parties to the estate with as much relevant information as possible, as this can help to resolve issues and give the executor the time and space to carry out their role effectively.

A typical timeline

While there is no strict deadline, beneficiaries are usually notified within a few weeks to a few months after someone's death. Several factors can influence how quickly beneficiaries are notified, including:

  • Complexity of the estate: Larger or more complex estates take longer to administer, which might delay beneficiary notification. However, it is important to remember that the process does not need to be completed before beneficiaries are notified. The estate administration process involves activities such as closing bank accounts, paying off debts, and selling or transferring the property of the deceased. This can all take a long time, and while this may delay distribution of gifts, beneficiaries should be notified of the death long before this stage.

  • Presence of a valid will: If the deceased left a clear and uncontested last will and testament, the process is generally quicker. If there are disputes or if the will is contested, this can significantly delay notification because it may be unclear whom to notify.

  • Efficiency of the executor: An experienced and proactive executor can accelerate the process, ensuring beneficiaries are informed promptly.

The timeline varies based on the particular circumstances of the estate, and any disputes or unique factors surrounding each individual case.

A common guideline is the “Executor’s Year”, which recommends that executors aim to complete the probate process within one year from the date of death. You can read in our guide to the Executor’s Year. This period typically allows the executor enough time to:

  • Obtain a Grant of Probate: This can take several weeks to a few months, depending on the complexity of the estate and the efficiency of the probate registry.

  • Identify and value assets: The executor must gather and assess the value of all the deceased's assets. This can be especially time-consuming if the estate includes property, investments, overseas assets or more than one bank account.

  • Pay debts and taxes: Before distributing the estate, the executor must settle any outstanding debts and taxes (including Inheritance Tax in many cases) which can delay the process.

 

As we have noted, the timeline for the probate process is different in every case. Providing executors communicate well, answer questions from beneficiaries and keep the relevant parties updated, there should be no cause for concern.

Who Notifies the Beneficiaries?

The personal representative of the estate is responsible for notifying beneficiaries about their inheritance, and must ensure they are informed promptly and accurately after obtaining probate. If there is a will, the executor of the estate fulfils this role.

If there is no will, an administrator appointed by the court performs this duty under the rules of intestacy.

What Is the Beneficiary Notification Process?

Beneficiaries are typically notified through formal communication from the executor of the estate. This usually involves a letter or email detailing their inheritance and any required actions, such as if they need to provide identification or sign documents.

In some cases, the executor may choose to notify beneficiaries via phone or in-person, followed by written confirmation. Clear communication ensures beneficiaries understand their entitlements and the next steps.

Executors only need to provide basic information at this stage. Once the grant of probate is issued, the will becomes a public document and anyone can apply for a copy if they wish to know more. However, it is often best to communicate thoroughly to avoid disputes, and providing more information can build trust with beneficiaries.

What Happens if a Beneficiary of the Deceased's Estate Cannot Be Found?

If a beneficiary cannot be easily located, the executor must try to find them and ensure they receive their inheritance. There are a few ways to approach this, including: 

  • Contacting known associates: The executor should reach out to the deceased’s family members, friends, or known associates who might have up-to-date contact information.

  • Public notices: Placing notices in local newspapers, especially in the beneficiary’s last known location, can alert them or someone who knows their whereabouts. This is known as a Section 27 notice, and offers some legal protection to the executor against future claims.

  • Professional tracing services: Engaging a professional tracing service can help locate the beneficiary using official records and other resources.

 

If the beneficiary still cannot be found after reasonable efforts, the executor will have a couple of options:

  • Create a separate account: The executor may set aside the beneficiary’s share in a separate account, and keep it safe until they can be located.

  • Hold a portion back: Executors can ask other beneficiaries to sign a written agreement to hold a portion of the lost beneficiary’s share and pay it to them if they come forward later.

Taking these steps demonstrates that the executor has made a diligent effort to locate the beneficiary and safeguard their inheritance. In this way, they fulfil their legal responsibilities and are protected against future claims.

How Can Percy Hughes & Roberts Help?

Navigating the administrative tasks following the death of a loved one can be overwhelming, especially when it comes to communicating with beneficiaries. Knowing when and how beneficiaries will be informed is crucial to ensure that the deceased’s wishes are honoured and that the estate is managed efficiently.

At Percy Hughes & Roberts, our experienced Probate solicitors are here to provide the expert guidance and support you need during this challenging time. As a trusted law firm serving the Wirral and the surrounding area, we have helped many people like you to fulfil the duties of an executor. Whether you are seeking assistance with estate administration or need advice in relation to a potential dispute, we are committed to helping you navigate these complex matters with confidence and ease.

If you require legal advice in relation to the above, or need help with anything else to do with wills, trusts, probate or an estate plan, Percy Hughes & Roberts can help. If you would like to contact one of our expert wills, trusts and probate solicitors you can do so by calling 0151 666 9090 or by completing the “Get in touch” form on this site.

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