What To Do When Someone Dies
There are 3 things you must do in the first few days after someone dies.
When someone dies, you may be able to apply for a ‘grant of representation’. This gives you the legal right to deal with the person’s property, money and possessions (their ‘estate’). The right to deal with the estate of someone who’s died is called ‘probate’.
You can apply yourself or use a solicitor.
Most cases follow the same basic process.
When a grant of representation may not be needed
You don’t normally need a grant if the estate either:-
You should contact the organisation holding the money - e.g. the bank or building society. They may ask for proof of death - e.g. the death certificate after the death has been registered. Each financial institution has its own rules - you may still need to apply for a grant.
2. If the person left a will
You can apply for a grant of representation if you’re the ‘executor’ of the will - the person named to deal with the estate. If more than one executor is named in the will, the probate application form and guidance notes explain what to do.
You should contact your local Probate Registry if either:-
The Probate Registry will explain what you need to do. An executor doesn’t necessarily get any of the estate.
3. If the person didn't leave a will
The person’s next of kin - e.g. the spouse (or civil partner) or children - can usually apply for a grant of representation. The law decides who inherits the estate if there’s no will (see Intestacy)
Partners and ex-partners
If you’re the partner of the person who’s died but weren’t married to them (or in a civil partnership) you can’t apply. You’re also not automatically entitled to get any of your partner’s estate. You should get legal advice to find out about your rights.
If the person was separated but not yet divorced (or had their civil partnership dissolved), their spouse (or civil partner) would inherit some or all of the estate - and must apply for the grant.
4. Joint property and bank accounts
Joint bank and savings accounts
If you have a joint account with the person, what’s in it automatically passes to you. You don’t need a grant of representation.
What happens to the person’s property depends on how it was owned. If the property was:-
Contact the mortgage company, the Land Registry or get legal advice if you’re unsure of how a property is owned.
5. Applying for a Grant of Representation
You can apply for a Grant of Representation yourself or use a solicitor. There are 4 steps.
You can either:-
Probate and Inheritance Tax helpline Telephone: 0300 123 1072 Monday to Friday, 9am to 5pm
Complete an Inheritance Tax form
You must also work out how much the estate is worth. Depending on its value, there may be tax to pay - called Inheritance Tax. You must complete an Inheritance Tax form - even if you think no tax is owed.
If there is tax to pay, you normally have to pay at least some of it before a grant of representation is issued to you.
Send your application
Send your application to your local probate office. You should include:-
You can pay for extra copies of the grant (£1 each) - this means you can send them to different organisations at the same time.
Swear an oath
The probate office will send you an oath and details of how to arrange an appointment. You’ll need to swear the oath at either:-
The oath is a promise that the information you’ve given is true to the best of your knowledge. You should get the grant through the post within 10 working days of swearing the oath. If it’s not possible to issue a grant, the Probate Service will explain why in writing.
6. Once the grant's been issued
Contact organisations to get hold of the person’s assets You should send a copy of the grant to relevant organisations (e.g. the person’s bank). They should then ‘release’ the assets so you can transfer them into the executorship account.
If the person had a pension, contact the organisation - a surviving spouse (or civil partner) may be entitled to money from it.
Pay any debts or outstanding payments
Once you’ve contacted all the organisations, pay off any debts the person had. This could include:-
As the executor or administrator you have a legal responsibility to pay off any debts or outstanding payments before distributing the estate. You can use money from the estate to pay any solicitor’s fees as part of the probate process.
Distribute the estate
Once all debts and taxes have been paid, you can distribute the estate as detailed:-
After this you should prepare the estate accounts. These must be approved and signed, by both you and the main beneficiaries. Beneficiaries may have to pay Income Tax if the assets they inherit generate income for them.
7. If you inherit property. You have responsibilities if you inherit property.
Selling the property
You may have to pay Capital Gains Tax if you sell inherited assets which have gone up in value since the person died. This includes inherited property.
Get advice from the Capital Gains Tax helpline. Capital Gains Tax helpline 0300 200 3300 Monday to Friday, 8am to 8pm Saturday, 8am to 4pm
If another owner is still living there
If another owner is still living there you need to agree with them whether:-
Their right to remain may be stated in the will, if there is one.
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