What does Probate mean?

When someone dies, someone needs to sort everything out. Death is a major event which has consequences that need to be properly handled on behalf of the deceased. Probate is the legal authority conferred upon someone to carry out the administration of the estate.

Who gets the job?

You do, if you are either the executor named in the Will or the nearest next of kin if there is no Will, (or if the Will is incomplete). The law lays down the order of priority for people entitled to the estate, and they are also the people who can apply for the job of sorting it out.

How is the estate divided up?

If there is a Will then by law the instructions given in that Will must be followed. If the person died without a valid will this is known as Intestacy and the estate will be divided up among the surviving relatives according to this flow chart.

Where do I start?

The first thing is to find a friendly Funeral Director who will guide you through the whole process of arrangements for the body and the funeral.

Next you will need to register the death. For this you will need to get a certificate from the doctor, the coroner’s office or the hospital. It is best to get a few copies because it saves time when your solicitor sends them round to various places to get valuations of assets etc.

Then you will want to focus on the funeral and make sure that goes well. It’s an important occasion and deserves priority before worrying about how to sort out the estate. There’s time enough for that afterwards.

What about the house?

It is important for the executor, or failing that someone in the family, to go to the house and secure it. It will take a little while to sort it out and in the meantime you want to ensure everything is safe inside and make a record of any valuables. You can instruct a valuer to look at the contents to see if there is anything worth putting into auction. Once satisfied that there is nothing of value left you can ask a house clearance professional to take over. Your solicitor can recommend reliable and efficient people to deal with these things.

Who do we have to tell?

You should tell the bank as soon as possible after the death, so they can put a freeze on the account. Don’t worry about the utility bills – they’ll get sorted out in due course. It is also a good idea to send back the passport and driving licence and destroy credit cards promptly to guard against any possible risk of identity theft. Your solicitor will write to everyone concerned once there is sufficient information about the assets, liabilities and persons entitled to the estate.

How do we identify the assets and liabilities?

Retrieve all possible papers from the house. They will give your solicitor a good idea of what there is to deal with and what enquiries are needed to establish precise values at the date of death which are essential for completion of the tax form that goes with the Probate application. Once all the information is in, the tax and Probate forms can be prepared, ready for you to sign and the application to the Probate Registry. Not all assets will need Probate and your solicitor will be able to advise you how you may be able to realise small bank or savings balances at an early stage.

How do we pay the tax and funeral expenses?

Inheritance Tax is payable before you can get Probate. Funeral directors like to know how they will be paid, but will wait if spoken to nicely. Your solicitor will advise you how the money for tax can be raised – usually the bank will release money for tax or funeral expenses before Probate.

Grant of Probate (or Letters of Administration)

Probate is the word generally used but “Letters of Administration” is the correct term where there is no Will or the Will is incomplete.

Once the court has issued the Grant your solicitor will be able to start collecting in the assets and deal with any property in the estate. All liabilities must be paid before the balance of the estate is distributed to the beneficiaries. At the end of the process your solicitor will produce a statement (“Estate Account”) showing how the final distribution of the estate has been arrived at, so everyone knows what their share is.

How long does it all take?

This depends on a lot of factors. Simple estates that do not need Probate can be sorted out in weeks. Normal estates with Probate are likely to take between six to twelve months to conclude. Complex estates, with on-going businesses or large property portfolios, can take years! Disputes will almost certainly cause delays. Your solicitor will be able to give you an estimate of fees and timescale once there is sufficient information about what is involved.

Why use a Solicitor?

Your QualitySolicitor is trained to understand and watch out for all possible aspects that can arise on someone’s death. There can be a lot to think about and the executor has serious responsibilities not only to the beneficiaries of the estate but also to make sure any legitimate tax and debts are paid and any claims against the estate are settled properly, otherwise problems can arise later when there is no more money to sort them out.