What happens to care home fees when someone dies?
When a care home resident dies, the immediate question for most families is: do we have to keep paying? The short answer is that fees do not simply stop on the date of death. Most care home contracts include a notice period — typically between one and four weeks — during which the estate remains liable for fees, even though the room is no longer occupied.
The purpose of the notice period is to give the care home time to adjust financially and prepare the room for the next resident. While this may seem harsh, it is standard practice across the UK care home sector and is generally enforceable provided it was clearly stated in the original contract.
It is important to understand that the estate is liable for these fees — not the family personally. Unless a family member signed the contract as a guarantor or third-party payer, the care home cannot pursue individual family members for payment. This is a crucial distinction that many families are unaware of, and some care homes exploit this lack of knowledge.
The contract and notice periods
The first thing to do after a resident dies is to locate the original care home contract. This document governs the financial relationship between the resident (or their estate) and the care home. The key clause to look for is the notice period on death.
Notice periods vary significantly between care homes. Some charge just one week after death, while others charge up to four weeks. The most common period is two weeks. A small number of homes charge no notice period at all and stop fees on the date of death — though this is increasingly rare.
Key point: If the contract does not mention a notice period on death, the care home can only charge up to the date of death. An implied or verbal notice period is very difficult to enforce. Always check the written contract before agreeing to pay anything.
Some contracts distinguish between voluntary notice (when the resident leaves by choice) and notice on death. The notice period for death is often shorter. If the care home tries to apply the longer voluntary notice period after a death, challenge this — it is unlikely to be upheld if disputed.
Under the Consumer Rights Act 2015, contract terms must be fair and transparent. A notice period longer than four weeks after death could be considered an unfair contract term, particularly if it was not clearly drawn to the resident's attention when they signed. If you believe the notice period is excessive, you can challenge it through the care home's complaints procedure or, if necessary, through Trading Standards.
Who is liable — the estate, not the family
This is one of the most misunderstood aspects of care home fees after death. Many families assume they are personally responsible for outstanding fees, but this is not the case unless they signed a personal guarantee.
The care home contract is between the care home and the resident. When the resident dies, any outstanding fees become a debt of the estate. The executor or administrator of the estate is responsible for paying the estate's debts from the estate's assets — but they are not personally liable from their own funds.
Warning:Some care homes ask a family member to sign the contract as a “responsible person” or guarantor. If you signed in this capacity, you may have personal liability for fees. Check exactly what you signed. If the contract describes you as a guarantor or third-party payer, seek advice before making any payments.
If the estate has insufficient funds to cover the outstanding care home fees, the care home becomes an unsecured creditor. They cannot force the sale of a property that has already been transferred, and they cannot pursue family members who did not sign the contract. If you are being pressured to pay from your own funds, do not agree to anything without taking advice.
Clearing the room and personal belongings
Care homes typically ask families to clear the resident's room within a specified period after death — usually 7 to 14 days. While this is understandable from the home's perspective, some families report being pressured to clear the room within 24 or 48 hours, which is unreasonable.
The care home cannot withhold belongings as leverage for unpaid fees. Personal belongings remain the property of the estate, and the care home has a duty of care to store them safely for a reasonable period. If you need more time, write to the care home manager explaining the circumstances and requesting an extension.
Make an inventory of all items when you collect them. If anything is missing, report it to the care home in writing immediately. Valuable items such as jewellery should have been documented in the care home's records when the resident was admitted. If items have been lost or damaged, the care home may be liable.
Refunds for pre-paid fees
Many care home residents pay fees monthly in advance. If a resident dies partway through a billing period, the estate is entitled to a refund of any fees paid beyond the notice period. For example, if the resident paid a full month in advance but died on the 10th and the notice period is two weeks, the estate should receive a refund covering the remainder of the month after the notice period expires.
Some care homes are slow to process refunds. If the refund is not forthcoming within 28 days, write a formal letter to the care home requesting payment and setting a deadline. If they still do not pay, you can escalate through their complaints procedure or contact the Local Government and Social Care Ombudsman.
What if the resident was local authority funded?
If the resident's care was funded or part-funded by the local authority, the council will stop paying from the date of death. The local authority is not responsible for any notice period charges — these fall to the estate.
If the family was paying a third-party top-up(an additional amount on top of the council's contribution to cover the cost of a more expensive home), this also stops on the date of death. The estate may be liable for a top-up during the notice period, depending on the contract terms.
If the local authority overpaid — for example, if they paid for a full week but the resident died on the Tuesday — the care home should refund the overpayment directly to the council. This is between the care home and the local authority; it does not affect the family.
If the resident had a deferred payment agreement(where the council paid the fees and placed a charge on the resident's property), see the section below on how these are handled after death.
What if the resident was CHC funded?
If the resident was receiving NHS Continuing Healthcare (CHC) funding, the NHS will stop paying from the date of death. As with local authority funding, the NHS is not liable for any notice period charges — these become a debt of the estate.
In practice, if the resident was fully CHC funded, the notice period charge is often modest relative to the weekly fee, because the estate only needs to cover the notice period rather than ongoing fees. However, weekly CHC-funded care home fees can be substantial (often over £1,000 per week), so even a two-week notice period can amount to a significant sum.
Check whether the CHC funding agreement included any provision for fees after death. Some ICBs have local arrangements that cover a short period after death, though this is not a national entitlement.
Challenging excessive or unfair charges
If you believe the care home is charging unfairly after a resident's death, you have several options:
Important: Do not ignore invoices from the care home, even if you believe they are unfair. Respond in writing, explain why you are disputing the charge, and keep copies of all correspondence. Ignoring debts can lead to the care home instructing debt collectors, which is much harder to deal with later.
Deferred payment agreements after death
A deferred payment agreement (DPA) is an arrangement where the local authority pays care home fees on a resident's behalf and places a legal charge on the resident's property. The debt is repaid when the property is sold — typically after the resident dies. Our full 2026 Deferred Payment Agreement guide walks through the 4.75% interest rate, how DPAs interact with NHS Continuing Healthcare, and the steps an executor should take when the agreement ends.
After death, the local authority will seek repayment of the total deferred amount plus any interest and administrative charges. This is usually recovered from the sale proceeds of the property. The executor should contact the local authority promptly to confirm the total amount owed and arrange repayment.
The local authority must give the executor reasonable time to sell the property — the Care Act 2014 guidance suggests up to 90 days from the grant of probate. If the property market is slow or there are complications with the sale, the local authority should be prepared to negotiate a realistic timeline. They cannot force an immediate or below-market sale.
If the property is jointly owned and the other owner is still living in it, the charge cannot normally be enforced until the surviving owner also vacates or dies. This protection applies to spouses, partners, and certain other qualifying residents.
Retrospective CHC claims after death
One of the most important things families should know is that you can still claim CHC funding after your relative has died. If your relative should have been assessed for CHC during their lifetime but was not, or if they were assessed and incorrectly refused, you can request a retrospective review.
A retrospective CHC claim asks the NHS to look back at the period when your relative was in care and determine whether they had a primary health need at that time. If the review finds they should have been eligible for CHC, the NHS must refund all care fees paid during the eligible period. For families who paid privately for years, this can amount to tens of thousands of pounds — sometimes over £100,000.
There is no fixed time limit for making a retrospective CHC claim, though evidence becomes harder to gather over time. Care homes must retain records for a minimum of eight years, and GP records are kept for ten years after death. The sooner you act, the stronger your case will be.
How to start a retrospective claim: Write to the ICB (Integrated Care Board) for the area where your relative received care. Request a retrospective review of CHC eligibility and ask them to obtain the care home records and medical notes. You can also submit your own evidence. The ICB should acknowledge your request within 28 days and provide a timeline for the review.
Probate and care home debts
Care home fees are an unsecured debt of the estate. When administering the estate, the executor must pay debts in a specific order of priority:
Funeral expenses and testamentary costs
These are paid first from the estate. They take priority over all other debts.
Secured debts
Mortgages and other debts secured against specific assets are paid next.
Preferential debts
Certain statutory debts, including some employee claims, take priority over ordinary debts.
Unsecured debts (including care home fees)
Care home fees sit here alongside credit cards, utility bills, and other unsecured obligations. If there are insufficient funds, these debts are paid proportionally.
Executors should be aware that they can be personally liable if they distribute the estate to beneficiaries before settling known debts. Always ensure all care home invoices have been received and paid before making distributions. If there is any doubt about outstanding claims, place statutory notices under the Trustee Act 1925 (section 27) to protect yourself.
Frequently asked questions about care home fees after death
Do I have to pay care home fees after my relative has died?
You are not personally liable for care home fees after death unless you signed the contract as a guarantor or third-party payer. The resident's estate is responsible for any outstanding fees, including any notice period charges specified in the contract. If you did not sign anything, the care home cannot pursue you personally for payment.
How long is the notice period after death?
Most care home contracts include a notice period of between one and four weeks after death, during which fees continue to be charged. The most common period is two weeks. This should be clearly stated in the original contract. If no notice period is specified, the care home can only charge up to the date of death. Some homes charge a flat fee instead of a notice period — check the contract carefully.
Can the care home keep my relative's belongings?
No. The care home cannot withhold a resident's belongings as leverage for unpaid fees. They must allow the family reasonable time to clear the room — typically 7 to 14 days. If the home pressures you to clear the room within 24 or 48 hours, remind them that this is unreasonable and may breach consumer protection regulations. However, if belongings are not collected within the agreed timeframe, the home may charge storage fees if the contract allows for this.
What happens to the local authority funding when someone dies?
If the resident was local authority funded, the council typically stops paying from the date of death. The local authority is not liable for any notice period charges — these fall to the estate. If the resident was paying a third-party top-up, that also ceases on death. Any overpayment by the local authority should be refunded to the council by the care home.
Can I still claim CHC funding after my relative has died?
Yes. Families can make a retrospective CHC claim after death. If your relative should have been assessed for CHC during their lifetime but was not, or if they were incorrectly refused, you can request a retrospective review. If the review finds they had a primary health need, the NHS must refund the care fees that were paid during the eligible period. There is no fixed time limit for retrospective claims, though evidence becomes harder to gather over time. Many families have recovered tens of thousands of pounds through retrospective claims.
Are care home fees a priority debt in probate?
Care home fees are an unsecured debt of the estate. They do not take priority over funeral expenses, secured debts (such as a mortgage), or the costs of administering the estate. If the estate does not have sufficient funds to cover all debts, care home fees are paid proportionally alongside other unsecured creditors. The care home cannot claim against assets that have already been distributed to beneficiaries — but executors can be personally liable if they distribute the estate before settling known debts.
Related guides
Care Home Fees Explained
A complete guide to how care home fees work in the UK — who pays, how much, and what help is available.
Care Home Funding Guide
All the ways to fund care home fees, from local authority support to NHS Continuing Healthcare.
CHC Funding Guide
The complete guide to NHS Continuing Healthcare — who qualifies, the assessment process, and what to do if refused.
Retrospective CHC Claims
How to claim back care fees if your relative should have received CHC funding but was never assessed.