Administering the deceased’s estate
The person who deals with everything owned by the person who died is known as the executor if they are named as such in the will. If there is no will, or no executor is named, relatives should seek legal advice on appointing an executor dative. If the deceased got a social security benefit or pension, the executor should tell Social Security of the death as soon as possible.
Arrears of benefit
As the executor, you can claim any arrears of social security benefits still owing to the deceased. The Secretary of State can also be asked to appoint someone to proceed with a claim made before death. There may be money due if the deceased was receiving or had recently claimed a benefit. Show the Jobcentre, Jobcentre Plus or Social Security office the certificate of registration of death from the registrar and ask them for a form to apply for any arrears. The procedure is the same whether benefit is payable at the post office or to an account. Arrears may sometimes be paid without the need to claim. Ask the Jobcentre Plus office, Jobcentre or social security office for more information, as soon as you can, if:
- the deceased was awaiting the outcome of an appeal against a decision about a social security benefit
- you think he or she may have been eligible for a social security benefit but did not claim it.
You may be able to act on behalf of the deceased and arrears of benefit may be payable to you.
Debts
Normally debts, including funeral expenses, are paid out of the deceased’s estate. Relatives do not have to pay them out of their own income or savings. But if there is no estate to pay for the funeral, see under ‘funeral’ in “What to do after a death in Scotland”. Before paying debts or sharing out the money and possessions the executor should wait 6 months to allow time for creditors (people the deceased owes money to) to claim payment from the estate.
One example of a claim which may arise is if Social Security find they have paid too much Income Support and ask for the overpayment back. If the estate has already been distributed, Social Security may claim it back from the executor or from the people who have been left money.
National Insurance owed at the date of death is also a debt of the estate. If this is not paid, it may affect the benefit of the surviving spouse.