When somebody dies, it is essential that their assets, including finances and property, are distributed. If the person left a Will, it would be the responsibility of the executor (named in the Will) to administer the estate according to the contents of the Will.
Estate administration involves:
- Gathering information about a person’s asset information, including how each asset is titled.
- Obtaining a death certificate.
- Notifying the council if they received benefits for housing or other financial support.
- Contacting a solicitor to help you understand the process.
This task can feel daunting, especially whilst grieving the loss of a loved one, so we suggest speaking to a reputable solicitor who can talk you through the process.
What if someone dies without a Will?
The estate administration process can vary depending on whether the deceased left a Will. At Jackson Longe Solicitors, we can provide you with clear and compassionate advice, whether there is a Will or not, to ensure you make all decisions confidently and carefully.
When someone does not leave a Will, this is known as intestate. In that case, the estate, including and property or assets, must be distributed according to the rules of intestacy.
The rules of intestacy state that only married or civil partners and some other close relatives can inherit under the rules of intestacy. Similarly, if someone makes a Will that is not legally valid, the rules of intestacy will dictate how the estate will be shared.
The estate administration process could become complicated if the deceased did not leave a Will. No relative will have been officially appointed as the administrator in this case. So, if a person wanted the responsibility, they would have to apply to the Probate Registry for a Grant of Probate. Jackson Longe Solicitors can assist with this, as it could become complicated.
Help with estate administration
Our estate administration solicitors have significant experience in helping people administer the estate of their loved ones, including:
- Assisting in applying to the Probate Registry for a Grant of Representation
- Giving detailed advice about the role and duties of the administrator of the estate
- Conducting the probate process, from gathering financial information to paying inheritance tax and ensuring beneficiaries stated in a Will receive their inheritance.
- Addressing any disputes about the Will or administration process. Please view our contentious probate page here.
What is probate?
Estate Administration is the process of dealing with a person’s money, property, debts and other possessions. Although the terms are often interchanged, probate does differ, and it is the legal process that deals with obtaining authorisation to administer and distribute an estate.
Some circumstances and conditions do not require probate. This may include:
- If the estate is made up only of cash and personal belongings (cars, furniture, etc.)
- If all property is jointly owned meaning that it is automatically passed to the surviving joint owner(s)
- If the estate is regarded ‘insolvent’ due to a lack of finances to pay the deceased’s debts
- If the amount of money owed by the deceased is low enough, the banks will release it without probate or Letters of Administration.
Always speak to a solicitor if you are unsure whether your loved one requires probate.
Solicitor for Estate Administration in Richmond
Jackson Longe Solicitors understand how difficult the loss of a loved one can be and having to deal with estate administration can only add to the distress, which is why our team of friendly and knowledgeable lawyers can guide you through the process, explaining each step to ensure you feel as comfortable and educated as possible.
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