Following someone’s death, it is advised that a statutory notice is placed in a local newspaper. Elisha Bethell, a solicitor in the probate team at Stephensons Solicitors LLP, explains what a deceased estates notice is and how placing a notice protects personal representatives from financial liability.
What is a statutory notice in probate?
Following the death of an individual, it is often necessary to place a statutory notice in a local newspaper to inform creditors and other interested parties of the death and that the estate administration process has commenced.
A statutory notice (sometimes called a ‘deceased estates notice’) is a public announcement that is placed in a newspaper to inform everyone of an individual’s death and that the estate is being administered. This will provide creditors with the opportunity to come forward with a potential claim within a specified period.
This is an important step to follow during the estate administration process, particularly for executors or administrators who are responsible for distributing the estate.
Should you place a statutory notice in a newspaper when someone dies?
Under the Trustee Act 1925, a statutory notice fulfils the legal obligation to make reasonable efforts to locate creditors when administering an individual’s estate.
It is essential that personal representatives (executors and administrators) work in the best interests of the deceased’s estate and a fundamental part of this is ensuring that the administration is carried out competently.
By placing a statutory notice in a local newspaper as well as The Gazette, the UK’s official public record, the personal representatives are showing that they have made enough effort to identify any debts or liabilities that the estate may have before making any distributions.
Creditors will have at least two months and one day after the statutory notice is published to make a claim against the estate. Once this time has passed, the personal representatives will then be free to distribute the estate to the beneficiaries, and they will no longer be liable for any potential claims. If a creditor appears after the notice period, the personal representative will not be liable for this debt.
Do you legally have to place a notice in a local newspaper when someone dies?
While not legally mandatory, placing a notice in a local newspaper when someone dies is an important step during the administration process. It offers significant legal and practical benefits, demonstrating due diligence as the personal representatives have been legally compliant and have followed the correct procedures to uncover potential liabilities.
It is best practice for legal advisors to provide information on statutory notices to the personal representatives, no matter how straight forward or complex they believe the estate to be. Personal representatives are not always fully aware of the deceased’s financial situation, and it is crucial that they are advised on the importance of placing a statutory notice and the significant benefits to them.
Not only does placing a notice in a local newspaper protect the personal representatives from personal liability, but it also allows for the safe distribution of assets. If a creditor emerges after the notice period has expired, the personal representative of the estate cannot be held accountable for the debt. The notice provides representatives with the certainty that they will be able to distribute the estate without fear that unknown debts could possibly come to light.
What information is needed in a deceased estate notice?
It is important that the notice includes all relevant information about the deceased. This includes the deceased’s full name, address, date of death and occupation.
Details such as the name and contact address of the executor/administrator should also be included in the notice. If a company/organisation are acting, their name and address should be on the notice so that any correspondence relating to a potential claim can be sent.
How do you place a deceased estates notice in The Gazette?
You can place a deceased notice in The Gazette and a local newspaper at the same time. The process is as follows:
- Before you begin: make sure you have at least one of the following:
– grant of probate
– letter of administration
– death certificate - Decide which services you want: as well as placing a deceased estates notice in The Gazette and a newspaper that is local to the deceased, there is also a forwarding service for deceased estates. This replaces your address with The Gazette’s postal box, so all correspondence can be sent on to you while your address stays private. If you do not use the forwarding service, your address will be recorded in the public domain permanently.
- Once you’re ready to place a notice:
- Complete the form: select which Gazette edition, then ‘Personal Legal’ and ‘Deceased Estates’, and fill out the remaining fields, including uploading the required documentation.
- Submit: submit your notice and check out.
Place a deceased estates notice
About the author
Elisha Bethell is a solicitor in the probate department at Stephensons Solicitors LLP, and specialises in Wills, Lasting Powers of Attorney and Probate matters.
