In short

In the first few days the urgent jobs are registering the death and securing the house. Then find the paperwork and get the contents valued as at the date of death, before anything of value is sold or given away. Clearing usually comes after that, once whoever is dealing with the estate agrees.

This guide covers England and Wales

Scotland and Northern Ireland have different rules, so check with the relevant authority there. We are an auction house, not a law firm, and what follows is a plain-English reading of GOV.UK guidance, with links so you can check each point.

There is no single deadline for clearing a home after someone has died, and most of the jobs below can’t be hurried. This is the order that usually works.

What is urgent in the first few days?

Very little about the house itself. The urgent part is paperwork. Once the medical examiner’s office has confirmed that you can register the death, GOV.UK says to register it within 5 days. That includes weekends and bank holidays (it is 8 days in Scotland). The Tell Us Once service then lets you inform the relevant government departments in one go.

For the house, lock up, take away anything perishable and collect the post. Ring the home insurer to say the house is now empty. Policies differ on what they expect of an empty home, so ask them what they need.

Who is allowed to deal with the house and its contents?

That depends on probate. GOV.UK describes probate as “the legal right to deal with someone’s property, money and possessions (their ‘estate’) when they die”. If there is a will, the executors named in it can apply. If there is no will, the closest living relative can apply.

Until someone has that authority, nobody should be making decisions about what happens to the contents. If you aren’t sure who that is, ask the solicitor who holds the will, or take advice from a solicitor.

Can we clear the house before probate is granted?

Not in the sense of selling or giving things away. GOV.UK says: “You should not make any financial plans or put property on the market until you’ve got probate.” So the first weeks are for jobs that change nothing permanent.

  • Take out perishables and rubbish that is plainly rubbish.
  • Don’t sell, donate or hand over anything of value yet.
  • Walk round each room with a notebook and take photographs.
  • Put to one side anything left to a named person in the will, and any family keepsakes, so that nothing is lost. Put it aside, don’t hand it over.
  • Write down who has been in the house and what they took, if anything.

Where do we start with the paperwork?

Look for the will first. Then bank and pension letters, share certificates and Premium Bonds. GOV.UK suggests working out which organisations to contact by searching through the person’s papers, and by asking friends, family and any solicitor or accountant they had. The organisations that hold assets often include the bank, the pension provider, the employer, any company they held shares in, and National Savings and Investments for Premium Bonds.

Why do the contents need valuing?

Because they are part of the estate. GOV.UK lists “household and personal items, including antiques, electrical goods, furniture, jewellery, paintings, and stamp collections” among the assets to value, as at the date of death.

For ordinary goods an estimate is usually enough. GOV.UK says to work out what you would have got if you’d sold them, and that you can search for similar items on online marketplaces. For more valuable things, it says you can also get a professional valuation for anything worth over £1,500. Our separate guide explains the rules in detail: probate valuations of house contents.

This is where a free verbal valuation helps. Mark can tell you roughly what the contents are worth and which items are worth putting in writing. Ring him on 07764 405701. Written valuations are chargeable, with the fee paid at the visit; see probate and insurance valuations.

What about council tax while the house is empty?

GOV.UK says that if you are dealing with the property for someone who has died, you do not need to pay Council Tax until after you get probate, provided the property stays empty. After probate you may get an exemption for another 6 months if the home is unoccupied and still in the name of the person who died. Check the details with the council.

How do we apply for probate?

Value the estate first, and deal with any Inheritance Tax. If the estate owes Inheritance Tax, GOV.UK says you must report its value within one year using form IHT400, and that you must pay by the end of the sixth month after the person dies to avoid paying interest. You’ll normally have to start paying before probate is granted.

The application fee is £526 if the estate is over £5,000; there is no fee if it is £5,000 or less. GOV.UK pages like these change, so we note the date we last checked them at the top of this guide.

Keep, sell, donate or dispose?

Once whoever is dealing with the estate agrees, decide item by item with the family. Some things will be kept. Some will sell. Some will be better donated or cleared.

If things are sold, HMRC’s guidance says that sales after the death, “particularly those at auction, provide the best evidence of the open market value”. Keep every sale statement. Our guide to how selling at auction works sets out our fees.

What should we check when clearing the house?

  • If someone else is taking waste away, GOV.UK says you must check the company is on the register of waste carriers, and that you need to select “upper tier” when you check.
  • Sofas and armchairs can only be resold if they carry their fire-safety labels. GOV.UK’s guidance on reusing upholstered seating makes that one of its conditions.
  • Photograph each room again once it is empty, and keep the list of what went where.

How long should we keep the records?

GOV.UK says that HMRC can ask to see your records up to 20 years after Inheritance Tax is paid. It also says to send copies of the final accounts to all beneficiaries.

If the estate is complicated or disputed, talk to a solicitor

Examples are a missing will, a disagreement between family members, a property with a mortgage or a tenancy, or an estate that may owe Inheritance Tax. This guide can’t advise on any of that.

How can Shelbys help?

We can value the contents, sell what will sell in our own fortnightly Saturday auction, and clear what is left. In practice:

  • Verbal valuations are free. Written valuations for probate, estate or insurance are chargeable, with the fee paid at the visit.
  • Larger items going to auction are collected free (some exceptions, depending on the item and where it is).
  • A clearance is chargeable, but the cost may be covered or reduced by what sells at auction. What won’t sell is cleared responsibly or donated.
  • Our fees are deducted from what sells and the balance is paid to you.

You can read how this works on our probate and estate clearance page, or ring Mark on 07764 405701 and tell him where you’ve got to. There is no need to have it all worked out first.

Common questions

How long do we have to clear the house?

GOV.UK doesn’t set one deadline for clearing a house after a death, and we won’t invent one. The dates that do matter are the council tax rules, the Inheritance Tax payment date (the end of the sixth month) and what the home insurer requires. If the home was rented, ask the landlord or council what notice applies.

Where do we register the death?

GOV.UK’s register a death page explains how to do it. Once the medical examiner’s office has confirmed you can register, you must do so within 5 days, weekends and bank holidays included (8 days in Scotland). The Tell Us Once service can then notify government departments for you.

Should we tell the home insurer the house is empty?

Yes. Ring them as soon as the house is empty. Policies differ on what they require of an empty home and for how long, so ask what they need and note the answer.