A death in the family and administering the estate
The death must be registered with the Registrar of Deaths and the funeral arranged. If there is a will then you should locate the original and check it for any funeral directions or specific wishes of the deceased. The will may be lodged with a solicitor, bank or other professional adviser or may be with their own papers. The will appoints one or more executors who will be responsible for putting into effect the wishes of the deceased expressed in the will.
If there is no will administrators are appointed by the court to deal with the estate. They are usually the persons entitled to the estate under a set of rules laid down by law that take the place of a will known as the Rules of Intestacy. If the appointed executor has died or was unwilling or unable to act, then administrators are again appointed to carry out the terms of the will in their place.
The starting point in the administration of the estate is to gather together a comprehensive list of the assets and then make the application for probate. There may be inheritance tax implications to consider and the beneficiaries of the will must be notified. There will also be immediate expenses to pay including the funeral costs.
Initial probate consultation – free of charge
We offer a free initial probate consultation. This gives everyone involved an idea of the work required – every estate is different and families differ as to the level of help they need in working through the jobs that have to done after a death. We can provide either a complete service from start to finish or a more bespoke service taking care of only certain legal, tax and administration issues.
We will provide you with details of the immediate steps that you need to take and explain the process of administering an estate and applying for probate based on the information that you provide. This will include:
- Advice on the legal issues
- Advice on any likely tax implications and the steps that can be taken to mitigate these
- Overview of the responsibilities of an executor/administrator
Contact: Anthony Macey