When a Grant of Probate or Letters of Administration is required following a death, you must obtain this before you can begin collecting in and selling the estate assets. For example, you will not be able to sell a property until you have the Grant. In this blog, we explore some ways to help you avoid delays at the beginning of the probate process.
Registering the death
The death of a person must be registered by the Registrar of Births and Deaths for the area in which it occurred. Until you have the official death certificate, you will be unable to notify any institutions.
Find the relevant paperwork
One of the first steps is to find all of the relevant paperwork. This includes bank statements, share certificates, details of investments, credit card statements, and any other information relating to the deceased’s assets and liabilities.
You need to notify each asset holder and creditor of the death and provide them with an official copy of the death certificate.
Locating the original Will
If there is a Will, this should inform you of who the deceased has appointed to act as the Executor. The original Will is required to apply for a Grant of Probate, so finding out where the original Will is stored and making sure that you can access it when needed will avoid delays later when making the application.
Where a person dies without making a Will, they are treated as having died intestate. There are statutory rules governing the division of that person’s estate and it is usually down to the next of kin to apply for a Grant of Letters of Administration (the equivalent of a Grant of Probate where there is a Will) which empowers them to deal with assets of the intestate.
Knowing whether there is a Will or not at the outset is vital in determining who needs to act and what procedure needs to be followed.
Identify and value assets
You need to make a list of the deceased’s assets and ascertain their value. This includes valuable items such as cars, collectibles and furniture.
It is important to make sure that all assets are located at the outset, otherwise you may have to do a corrective account later which can delay finalising the estate and result in penalties and interest on any tax payable. A solicitor can assist with obtaining financial searches to check for lost or dormant assets and liabilities.
Ask for professional help with the application
A probate solicitor is an expert in obtaining probate and the process involved. Meeting with a solicitor at the start of the administration will give you a clear idea of your role as a personal representative and the steps that need to be taken.
At BakerLaw we offer different services depending on how much help you require. We also offer a complimentary 30-minute initial meeting where we can review the Will, discuss the steps that need to be taken and advise you of our costs for assisting you.
It can be time consuming and complicated dealing with an estate, particularly when there is tax to pay. A probate solicitor will be able to advise you on how much tax is payable and be able to discuss ways of settling this, as often payment is required up front before the Grant can be obtained. Executors are personally liable and penalised for errors, so it is important to get it right!
By using a professional, you greatly reduce the risk of errors and omissions, which could delay the process.
Put aside enough time
Dealing with an estate administration can be very time consuming. It can be tempting to wait until you have a block of time available to deal with matters, but if you need to avoid delays, you will need to put time aside on a regular basis to keep matters moving forward.
If you are concerned that you will not have enough time, you can ask a probate solicitor to take on the full administration on your behalf. They will be able to reply straightaway to queries and can even act for you under a power of attorney to sign documentation.
Contact us
If you are the executor or administrator of a deceased person’s estate and would like some assistance in dealing with the administration, please contact us by email at privateclient@baker-law.co.uk or by phone on 01252 733 770. We will be happy to arrange an appointment for you to discuss the details of the estate with one of our expert probate and estate administration lawyers at our Farnham office. We can then provide details of the next steps in the process.
This blog is provided for informational purposes only and does not constitute legal advice. Readers are encouraged to consult with a qualified lawyer for personalised guidance tailored to their individual circumstances.
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