The death of a spouse is a profoundly emotional experience, and dealing with their estate can add layers of complexity and stress to an already difficult time. Understanding how to locate and claim assets left by a deceased spouse is essential, especially if there is uncertainty regarding their financial affairs. This article provides guidance on navigating the process, including understanding the types of assets a spouse may have had, exploring legal options for uncovering hidden assets, and determining your rights with or without a will.

Understanding your legal position

The first question is not “What did they own?” but “What authority do I have to find out?”

When someone dies, their affairs are managed by a personal representative — either:

  • An executor, if they left a valid will naming one; or
  • An administrator, if they died without a will (known as dying intestate).

These representatives are formally recognised once they receive a grant of probate (for executors) or letters of administration (for administrators). This legal document allows them to contact banks, insurers, and institutions to access information about the deceased’s assets and debts.

If you are the surviving spouse but not named as executor, you may still have a right to see estate accounts or challenge decisions if you’re a beneficiary. If no one is acting, you can apply to become the administrator yourself.

Do you have an automatic right to the assets?

The answer depends on whether your spouse left a valid will and the terms of that will.

If your spouse left a will:

  • The executor named in the will is responsible for distributing the deceased’s assets according to its terms.
  • You are entitled to any assets specifically bequeathed to you. If the will is clear and unambiguous, you generally do not need to take further legal action.

If your spouse did not leave a will, the rules of intestacy determine how their estate is distributed:

Married spouse and children:

  • The surviving spouse inherits the first £322,000 (at the time of writing) of the estate and all personal possessions.
  • The remainder of the estate is divided 50/50 between the spouse and children.

Married spouse without children:

  • The surviving spouse inherits the entire estate.

Unmarried Partners:

Unmarried partners are not entitled to inherit under intestacy rules, regardless of the length of the relationship. Legal advice should be sought in such cases.

What happens if assets are jointly owned?

Jointly owned assets are treated differently:

  • For property held as joint tenants, ownership automatically passes to the surviving spouse upon death, outside of the will or probate process.
  • For property held as tenants in common, the deceased’s share forms part of their estate and is distributed according to their will or intestacy rules.
  • Funds in joint bank accounts typically pass automatically to the surviving account holder.

What types of assets might a spouse leave behind?

A deceased spouse may leave behind a variety of assets, which can include:

Property:

  • Residential homes, holiday homes, or investment properties
  • Shared ownership properties

Financial assets:

  • Bank and building society accounts
  • Investment portfolios (e.g., stocks, bonds, ISAs)
  • Pensions, annuities, or other retirement accounts
  • Premium bonds

Personal assets:

  • Vehicles, jewellery, artwork, and other valuables
  • Digital assets such as cryptocurrencies or online accounts with monetary value

Business interests:

  • Shares in private companies or ownership of a business

Insurance policies:

  • Life insurance or policies linked to critical illness coverage

Debts:

  • Credit card balances, loans, or mortgages that must also be addressed as part of the estate

How to discover what assets a deceased spouse owned

When your spouse dies, the emotional toll is often compounded by a practical one: discovering exactly what they owned. From property and pensions to hidden savings, understanding the full picture of their estate can be confusing — especially when you’re also navigating grief.

Identifying and valuing a deceased person’s assets is a legal duty for the estate’s personal representatives or executors. Yet, for surviving spouses, the process can feel daunting and opaque. Here’s how to find out what assets your spouse had when they passed away — and how to approach it with confidence and care.

  • Search their records: Review personal files, financial documents, and correspondence for information on accounts, investments, or policies. Check for evidence of bank statements, pension statements, and utility bills.

Start with the financial basics:

  • Bank and building society accounts:Check all paperwork, bank statements, and correspondence. Contact banks directly with the death certificate.
  • Savings, ISAs and Premium Bonds:These are often held separately from main accounts.
  • Investments and shares:Look for share certificates, dividend records, or online portfolio logins.

If your spouse may have old or dormant accounts, services like the Unclaimed Assets Register or the National Bereavement Service can help trace them.

  • Conduct a will search: If a will exists, it may contain specific details about the assets your spouse intended to distribute.
  • Consult the Probate Registry: If your spouse’s will has been submitted for probate, it becomes a public document when granted. You can request a copy to review its contents.
  • Unclaimed assets services: Use tools such as the “My Lost Account” service to trace forgotten bank accounts or building society accounts. In addition, you could check the National Savings and Investments (NS&I) database for dormant accounts or bonds.
  • Pension providers and HMRC: Contact pension providers for details about retirement funds or death benefits. HMRC may provide information on tax records that could reveal investments or properties. However, this information is only likely to be made available to executors of an estate if there is a will or an administrator if the deceased did not leave a will and died intestate.

Pensions are often the largest asset after property. Check:

  • Workplace pensions— contact past employers or use the Pension Tracing Service
  • Private pensions or annuities— even small policies can carry death benefits
  • Life insurance— policies might pay directly to you, or form part of the estate

Ask insurers or pension providers whether your spouse made “death benefit nominations”. These determine who receives funds.

  • Property ownership: You can use the Land Registry to search for property registered in your spouse’s name. Property is easy to overlook, particularly if owned jointly or held through older title deeds.
  • Search the Land Registry for property in your spouse’s name
  • Identify whether the home was owned as joint tenants (passing automatically to you) or tenants in common (your spouse’s share forms part of the estate)

If your spouse owned any second homes, commercial premises, or land, these should be valued professionally as at the date of death.

  • Personal and Business Interests

Assets aren’t just money and property. They may include:

  • Vehicles, jewellery, art, antiques, or collections
  • Business shares or partnership interests
  • Loans made to others, or royalties from intellectual property
  • Keep an inventory — even small items may hold sentimental or financial worth

Uncovering the less obvious: Hidden or forgotten assets

If you suspect your spouse deliberately concealed assets or failed to disclose them, you have legal options to investigate. If you are administering the estate and suspect hidden assets, you can apply to the court for an account disclosure order. This compels financial institutions or other entities to reveal information about potential holdings.

Hiring a forensic accountant can help trace missing assets, especially in cases involving complex financial arrangements or hidden business interests.

Engaging a solicitor with expertise in probate and estate law is crucial if you encounter difficulties uncovering assets.

Some assets hide in plain sight. It is common for spouses to be unaware of every account or investment. Consider the following possibilities:

  • Dormant accounts and forgotten pensions: Many people lose track of older financial products, especially after job changes.
  • Trusts: If your spouse was a beneficiary or settlor, they may have had rights to income or capital from a trust.
  • Foreign assets: If your partner worked or lived abroad, there may be pensions, bank accounts or property overseas.
  • Digital assets: Online banking, cryptocurrency wallets, or digital investment apps are increasingly common — but can be hard to locate without login details.

Professional tracing agents or probate research firms can help uncover these more elusive holdings.

Valuing and reporting the estate

In most cases, assets passing to a spouse or civil partner are exempt from IHT. However, the value of the estate may still impact future tax liabilities. If inherited assets are sold at a profit, Capital Gains Tax (CGT) may be payable. Seeking advice from a tax professional can help mitigate unexpected liabilities.

Navigating the process of uncovering and handling a deceased spouse’s assets requires a combination of patience, diligence, and legal understanding. Whether your spouse left a detailed will, or their financial affairs are complex and unclear, the law provides mechanisms to protect your rights and ensure the proper distribution of their estate.

If you encounter challenges—such as hidden assets, contested wills, or complex intestacy scenarios—consulting a solicitor with expertise in probate law can provide clarity and safeguard your interests.

Finding assets is only half the task. Every item must be valued as at the date of death for inheritance tax (IHT) and probate purposes.

  • Property should be valued by a professional surveyor or estate agent
  • Investments are usually valued at their market price on the day of death
  • Personal possessions may require specialist valuation if significant

Once everything is listed, an estate valuation form must be submitted to HMRC. If the estate exceeds the IHT threshold (currently £325,000, with possible additional allowances), tax may be payable before probate is granted.

It is not unusual to discover an additional account or forgotten policy months, or even years later.
If this happens after probate has been granted, the executor must:

  • Report the new asset to HMRC (if tax implications arise);
  • Apply for an amended or “supplementary” grant of probate; and
  • Recalculate the beneficiaries’ shares if the distribution changes.

Transparency is essential: beneficiaries are entitled to see estate accounts and understand how values were reached.

What happens if the deceased’s will is contested?

In some cases, disputes may arise over the validity of a will or the fairness of its terms. The following individuals may challenge a will:

  • Spouses or civil partners who feel inadequately provided for
  • Dependants who relied on the deceased for financial support

Challenges can be made under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to claim reasonable financial provision.

Common pitfalls to avoid

Even well-intentioned executors can make mistakes. Some common traps include:

  • Assuming everything was jointly owned. Many assets may remain in one name only
  • Forgetting digital or foreign accounts
  • Underestimating the time limits for inheritance tax filing
  • Failing to communicate with beneficiaries
  • Paying debts or distributing funds too early before all assets are confirmed

Taking time to verify everything protects you legally and prevents disputes later.

Discovering your spouse’s assets after they’ve passed away is rarely straightforward. But it is a process, one that, step by step, transforms confusion into clarity.

Whether the estate is simple or complex, your goal is the same: to ensure your spouse’s affairs are handled lawfully, transparently, and in line with their wishes. If you approach it methodically, and seek expert help when needed, you can bring both order and peace to one of life’s most difficult moments.