Probate - the next steps

When a loved one passes away there are various issues that need to be dealt with.  In the first week you will need to inform the family doctor, register the death at the Registry Office, contact a funeral director and begin to arrange the funeral, taking into account any specific requirements included in the Will. 

The Executor(s) named in the Will needs to be advised, so that the process of administering the estate can commence.  If there is no Will, it is important to identify the persons entitled to deal with the estate (referred to as ‘Administrators’). The law governs who would be entitled to act as the Administrators and who is entitled to benefit from the estate.

The Executor or Administrator will need to advise various establishments of the death to include, for example, the benefits agency, pension providers, mortgage provider, credit card institutions and utility companies.  Banks and building societies need to be advised, so that accounts are frozen (but the funeral account and any inheritance tax liability can still usually be paid from a frozen bank account).

A Grant of Representation, either “Probate” or “Letters of Administration” (depending upon whether there was a Will), may be necessary but this will depend upon the assets held by the deceased.  If most assets were held in joint names with another person a Grant may not be required.

Before a Grant of Representation will be issued, there is a requirement that a certain type of Inland Revenue Account is submitted.  The type of the account will be dependant upon certain issues, for example, where the deceased lived at the date of death and the value of the estate.  If Inheritance tax is liable then a certain proportion of the tax will need to be paid before the grant will be issued.

If you are widowed or have become a surviving civil partner, you may be eligible for a bereavement allowance or a one off bereavement payment.  However application for these benefits must be made within certain time limits. 

Administering an estate can be a very time consuming and complicated process and therefore you may wish to appoint a Solicitor to undertake the work for you.