Frequently asked questions

This section provides brief answers to the immediate questions you may have.

• Who has to register the death?
• What details are required to register a death?
• Where can I get a Death Certificate?
• Where are deaths registered?
• What is a post mortem?
• Is there any help available towards the funeral costs?
• If there is money in a joint account can I draw out this money?
• Can I cash Social Welfare cheques or pension orders after death?
• Are there special provisions where the deceased person was getting a means-tested pension?
• Is there a pension for Widows and Widowers?
• Are there other social welfare payments or schemes for bereaved people?
• The deceased had a Medical Card - what should I do with it?
• Who deals with the will?
• What is the procedure if the deceased didn't make a will?
• How do I take out a Grant of Probate?
• What are your rights as a spouse where there is a will?
• What are your rights as a spouse where there is no will?
• What happens to the family home after the death of a spouse?
• Will I have to pay inheritance tax?

Q. Who has to register the death?

A. A "qualified informant" must register the death . Generally this is a family member or a person who was present at the death. The death must be registered within three months.

Q. What details are required to register a death?

A. You need to know the date and place of the death and the full name and surname of the deceased, the deceased's gender, marital status, age or date of birth and the deceased's occupation (or that of the spouse or parent). You must also have a Medical Certificate of the cause of death.

Q. Where can I get a Death Certificate?

A. The Death Certificate is issued by the Registrar of Births, Deaths and Marriages . You are usually able to get a Death Certificate immediately when you register the death.

Q. Where are deaths registered?

A. A death may be registered at any office of the Registrar .

Q. What is a post mortem?

A. A post mortem (sometimes called an autopsy) is an examination carried out by a pathologist after a death where it is necessary to establish the medical cause of death. The majority of deaths do not require any post mortem because the medical cause of death can be certified by a doctor who has been treating the deceased in the months prior to the death.

Q. Is there any help available towards the funeral costs?

A. You may be entitled to a Bereavement Grant from the Department of Social and Family Affairs.

If you are unable to pay the funeral costs, you may get help under the Supplementary Welfare Allowance scheme .

Q. If there is money in a joint account can I draw out this money?

A. Yes, if the money is held jointly with your spouse. If the account is held jointly with a person other than your spouse you may have to await the grant of probate . If the amount of money is small, the financial institution may release it in certain circumstances.

If the money is in a credit union , you may be the nominated beneficiary of a certain amount of it and so may be able to access it immediately.

Q. Can I cash Social Welfare cheques or pension orders after death?

A. You can cash any orders made out to you personally but you may not cash any orders in the name of the deceased. In the case of a pension, return the deceased person's pension book or cheque to the Department of Social and Family Affairs as soon as possible. You should include a note about the death and the Death Certificate or Death Notice from the newspapers. (Keep a note of the pension claim number). If the deceased person's Social Welfare payment was paid into a Bank/Building Society Account by electronic transfer you should advise the relevant section of the Department to stop the payment.

In most cases the deceased person's social welfare payment is payable for six weeks after death if you were the dependent spouse, partner or carer of the deceased.

Q. Are there special provisions where the deceased person was getting a means-tested pension?

A. Yes. Where the deceased person was getting a means-tested pension , their personal representative or executor must inform the Department of Social and Family Affairs before distributing their assets.

Q. Is there a pension for Widows and Widowers?

A. Yes. Social welfare pensions are available to widowed men and women.

A Widow's/Widower's (Contributory) Pension is based on the social insurance contributions of you or your late spouse. However, both social insurance records cannot be combined. Most widowed people qualify for this payment. If you do not, you may be eligible for the Widow's/Widower's (Non-Contributory) pension which is means-tested.

If you have dependent children, you may be eligible for the One-Parent Family Payment .

Q. Are there other social welfare payments or schemes for bereaved people?

A. There are a number of payments and schemes which may be relevant to you.

Q. The deceased had a Medical Card - what should I do with it?

A. You should return it to the Health Service Executive (HSE) office that issued it. If you are the spouse of a medical card holder, you may be entitled to a card in your own right.

Q. Who deals with the will?

A. Generally, a personal representative is named in a will as executor and has the job of dealing with the terms of the will and taking out probate. There may be more than one executor. If no executor has been appointed, or if the named executor does not wish to act, an administrator may be appointed .

Q. What is the procedure if the deceased didn't make a will?

A. If there is no will the family can apply to the Probate Office for a Grant of Administration .

Q. How do I take out a Grant of Probate?

A. If you are the executor or have been appointed an administrator and the estate is not complicated, you can make a personal application to the Probate Office or one of the District Probate Offices.

Q. What are your rights as a spouse where there is a will?

A. If there is a will, the spouse is entitled at minimum to what is called the legal right share . This is half of the estate where there are no children and one-third where there are children.

Q. What are your rights as a spouse where there is no will?

A. If there is no will , then

• where there are no children, the spouse is entitled to the entire estate;
• where there are children, the spouse is entitled to two-thirds, one-third is divided equally between the children (if a child has already died, his/her children take a share).

Q. What happens to the family home after the death of a spouse?

A. If you and your spouse jointly own the house, then you automatically become the owner. If your spouse was the legal owner then you may require that the family home be given to you as part of your legal right share.

Q. Will I have to pay inheritance tax?

A. You do not have to pay any inheritance tax if you get an inheritance from your spouse. For other inheritances, you may have to pay tax if the amount is above certain limits . These limits depend on the relationship between you and the deceased.

The family home is exempt from inheritance tax where the person who inherits it has lived there for at least the previous three years and meets other conditions.