The Estate
How do you sort out the Estate of the deceased ?
When a person dies somebody has to sort out his or her Estate . Their Estate includes their money , property and the possessions they have left . If you are the person doing this you collect in all the money , pay any debts and share out the Estate to those people entitled to it .
You can engage a Solicitor to sort out the Estate for you . Do ask friends for recommendations and when you contact companies do ask about their fees and charges , as these can differ significantly . In many cases , even where there is a property involved , it is possible to complete all of the necessary forms yourself and the Probate Office are very helpful throughout the process .
Applying for Probate
To sort out someone ’ s Estate you may need to apply for probate . Probate is the process of officially proving that a Will is valid . If the deceased has left a Will the Probate Office will give you a ‘ grant of probate ’. If there is no Will then ‘ letters of administration ’ will be issued . Your local Probate Registry will send you the necessary forms with detailed notes and guidance on what you need to do .
You can find more information on the Probate Service at www . gov . uk / applying-for-probate or by telephoning their helpline on 0300 123 1072 .
Is a grant of probate needed in all cases ?
Not always . Probate is not usually needed to release assets held jointly with another person , for example where a home is held in joint names and is passing by survivorship to the other joint owner ; or a joint bank or building society account is held .
In these cases production of a Death Certificate may be enough for the monies to be transferred to the joint holder .
Certain institutions may release monies without a grant being produced if the amount held by the deceased was small . You will need to apply to the institutions to see if they will release monies without a grant . Staff at Probate Registries will offer procedural guidance on how to obtain a grant but cannot provide legal advice .
What do you do if there is no Will ?
If someone dies without making a Will , they are said to have died ‘ Intestate ’. If this happens the law sets out who should deal with the deceased ’ s affairs and who should inherit their Estate . Assets held in joint names usually pass automatically to the other joint owner .
Dealing with an Estate when there is no Will can be complicated and take a long time in very complex cases . For further information please visit : www . gov . uk / inherits-someonedies-without-will
What does a grant of probate or letter of administration allow you to do ?
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A ‘ grant of probate ’ or ‘ letters of administration ’ are legal documents allowing the person ( s ) named in it to collect and distribute the Estate of the deceased . You can show it to organisations that hold these assets , such as banks or building societies .