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What happens to pensions when someone dies?

State pension payments stop and must be reported straight away, while workplace and personal pensions follow the scheme rules and any nomination form — which often matters more than the will.

Last reviewed: 1 September 2026

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The state pension

Report the death as soon as possible, ideally through Tell Us Once. Payments stop, and because the state pension is often paid in advance or arrears, there may be an overpayment to return or a small amount still due to the estate. Depending on when the person reached state pension age and their circumstances, a surviving spouse or civil partner may be able to inherit part of it, so ask specifically.

Workplace pensions

What is payable depends on the type of scheme and whether the person had started taking it.

  • Defined benefit (final salary): often a survivor's pension for a spouse, civil partner or dependent child, and sometimes a lump sum
  • Defined contribution: the remaining pot is normally paid out under the scheme rules, guided by the nomination form
  • Still working: there may be a death-in-service benefit through the employer, which is separate from the pension itself

Personal pensions and drawdown

The remaining fund is usually paid to the people named on the expression of wish or nomination form. The scheme's trustees normally have the final say, which is why an out-of-date nomination causes so many problems. Tax treatment depends on the person's age at death and the type of payment, so ask the provider to confirm the position in writing.

Pension death benefits often sit outside the estate, so they are not automatically covered by the will and may not count towards probate. Ask each provider whether the payment forms part of the estate.

What to do

  • List every employer they worked for and trace old schemes
  • Report the death to each provider and to the Pension Service
  • Ask what is payable, to whom, and whether it forms part of the estate
  • Ask about any death-in-service benefit through a current employer
  • Check whether bereavement benefits can also be claimed

Where this comes from

Rules and figures change. Check the current position on GOV.UK, or with a qualified professional, before acting on anything here.

Common questions

Can I inherit my spouse's state pension?

Sometimes a part of it, depending on when they reached state pension age, their National Insurance record and your own circumstances. Ask the Pension Service to check your specific position.

Who gets a pension pot if nobody was nominated?

The scheme's trustees decide, usually looking at dependants and close family. It may not follow the will, which is why nomination forms are worth keeping current.

Is a pension part of the estate for probate?

Often not, because many death benefits are paid at the trustees' discretion. Ask each provider to confirm, as it can change whether probate is needed at all.

What if the state pension was overpaid?

Report the death promptly and the Pension Service will calculate what is owed either way. Overpayments are usually recovered from the estate rather than from a relative personally.

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