Get a declaration of presumed death

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Overview

You can make a claim for a 鈥榙eclaration of presumed death鈥� from the High Court if someone you know in England and Wales has been missing for:

  • 7 years or more
  • less than 7 years and you think they have died, for example they went missing during a natural disaster

A missing person is not automatically presumed dead.

You must make a claim for a declaration of presumed death if you want to do certain things, for example deal with their estate.

Who can make a claim

You can make a claim if you鈥檙e the missing person鈥檚:

  • spouse or civil partner
  • parent
  • child
  • sibling

If none of these apply, you鈥檒l need to prove to the court that you have enough of a connection to the missing person (鈥榮ufficient interest鈥�), for example you鈥檙e a distant relative and you have a birth certificate to prove it.

What else must be true to make a claim

To make a claim one or more of the following must also apply:

  • you鈥檙e the missing person鈥檚 spouse or civil partner and you treat England or Wales as your permanent home (鈥榙omicile鈥�) on the date you make the claim
  • you鈥檙e the missing person鈥檚 spouse or civil partner and you鈥檝e been living in England or Wales for the whole year before the date you make the claim
  • the missing person treated England or Wales as their permanent home (鈥榙omicile鈥�) on the date they were last known to be alive
  • the missing person was living in England or Wales for the whole year before the date they were last known to be alive

There are and .

Fees

It costs 拢528 to get a declaration of presumed death. You may be able to get help paying court fees.

Make a claim for a declaration of presumed death

You can make a claim yourself or use a legal representative.

  1. Make your claim.

  2. Advertise your claim in a newspaper.

  3. Attend a hearing.

View a printable version of the whole guide

This page is Part of What to do when someone dies: step by step

  1. Step 1 Register the death

    1. Register the death

    Check what to do if:

  2. Step 2 Tell government about the death

    The Tell Us Once service allows you to inform all the relevant government departments when someone dies.

    1. Use the Tell Us Once service to tell government
    2. If you cannot use Tell Us Once, tell government yourself

    You'll also need to tell organisations outside government, like employers and private pension providers, banks, and utility companies.

  3. Step 3 Arrange the funeral

    1. Arrange the funeral
    2. Get help paying for a funeral
    3. Get help paying for a child's funeral

  4. Step 4 Check if you can get bereavement benefits

    You might be eligible for financial help.

    Check if you can get:

  5. and Deal with your own benefits, pension and taxes

    Your tax, benefit claims and pension might change depending on your relationship with the person who died.

    1. Manage your tax, pensions and benefits if your partner has died
    2. Check how benefits are affected if a child dies

  6. and Find bereavement support and services

    Get help with managing grief and the things you need to do when someone dies.

    1. Find bereavement help and support
    2. Find bereavement services from your local council

  7. and Check if you need to apply to stay in the UK

    If your right to live in the UK depends on your relationship with someone who died you might need to apply for a new visa.

    Check the rules if:

    1. Contact UKVI to check the rules for other visas

  8. Step 5 Value the estate and check if you need to pay Inheritance Tax

    To find out if there鈥檚 Inheritance Tax to pay, you need to estimate the value of the property, money and possessions (the 鈥榚state鈥�) of the person who died.

    1. Value the estate and pay Inheritance Tax if it's due

  9. Step 6 Apply for probate

    You might need to apply for probate before you can deal with the property, money and possessions (the 鈥榚state鈥�) of the person who died.

    1. Check if you need to apply for probate
    1. Apply for probate

  10. Step 7 Deal with the estate

    Pay any debts or taxes owed by the person who's died. You can then distribute the estate as set out in the will or the law.

    1. Deal with the estate
    1. Update property records