Immediate, financial and probate steps covering intestacy, the home, accounts, mortgages, pensions, benefits and debts.
This guide is part of ProbateHelp's First Steps guide cluster. Estimated reading time: 10 min.
Yes if there are no descendants. If descendants survive, the spouse or civil partner takes personal chattels, the statutory legacy for the date of death and half the remaining balance; descendants take the other half on statutory trusts.
No. England and Wales does not recognise a common-law marriage. A cohabitant may own joint assets or qualify for a 1975 Act claim, but should use the separate unmarried-partner guidance and obtain prompt advice.
Notify the bank. It will usually continue the account for the survivor, but beneficial ownership, contributions, direct debits, overdrafts and the deceased's estate or tax interest still need checking.
A beneficial joint tenancy passes by survivorship and does not need a grant for that transfer. A tenant-in-common share passes under the will or intestacy. Sole assets may still require a grant.
A spouse or civil partner under State Pension age may qualify if the contribution and other conditions are met. Claim within three months for the full one-off and 18 monthly payment entitlement; reduced entitlement may remain up to 21 months. Some cohabitants with children can also qualify.
Not merely because of marriage. You remain liable for joint borrowing, guarantees and debts in your own name. Sole debts are estate liabilities, subject to security and insolvency rules.