Probate Specialists

In the first days you will need to:

• Deal with the family doctor and the deceased’s doctor
• Make funeral arrangements
• Check any Will for any special funeral requests or
• Ascertain whether there is a pre-paid funeral plan
• Register the death at The Registry Office
• Notify all financial institutions or departments who may have been made payments to the deceased, such as Tax Credits, benefits, pensions etc
• You will also need to contact relatives and people close to the deceased.
• Contact appointed Executors who will have to commence the process of obtaining Probate.
• If the deceased is Intestate, then you will need to decide who is going to apply wind up the deceased’s affairs and apply for Letters of Administration.

In this case one or more ‘executors’ may be named in the Will to deal with the person’s affairs after their death. The executor applies for a ‘grant of probate’ from a section of the court known as the probate registry.

The grant is a legal document that confirms that the executor has the authority to deal with the deceased person’s assets (property, money and possessions). They can use it to show they have the right to access funds, sort out finances, and collect and share out the deceased person’s assets as set out in the will

A grant is almost always needed when the person who dies leaves one or more of the following:

• £5,000
• Stocks or shares
• Certain insurance policies
• Property or land held in their own name or as ‘tenants in common’

In most cases above, the bank or relevant institution will need to see the grant before transferring control of the assets. However, if the estate is small some organisations may release the money to you at their discretion.

To establish whether the assets can be obtained without a grant, the executor or administrator would need to write to each institution informing them of the death and enclosing a photocopy of the death certificate (and Will if there is one). The personal representative won’t be granted probate until some or all of any Inheritance Tax that is due on the estate has been paid.

Applies to England and Wales. If the person who died lived in Scotland, you must apply for a ‘grant of confirmation’.

Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets. When someone dies without leaving a will, dealing with his/her estate can be complicated. It can also take a long time – months or even years in some very complex cases.