If you’re involved in dealing with the affairs of someone who’s passed away, then you may have to deal with ‘probate’.  That means making sure that the estate is distributed according to the wishes of the deceased person, wherever possible.

You’ll need to apply to the Probate Registry, and ask for a ‘grant of probate’ if there’s a will, or a ‘grant of letters of administration’, if the person died without making a will.  There’s no need to ‘apply for probate’ if everything was owned jointly between spouses / civil partners.

A solicitor is the best person to help with this administration.  Their charges are usually based on the value of the estate and how much work will be involved.  For example, during probate, everyone who has a claim on the estate – including Her Majesty’s Revenue and Customs (HMRC), who may be entitled to Inheritance Tax – is entitled to make a claim.  Estate taxes need to be paid before possessions and assets are distributed to beneficiaries.

When there is a will:

The document itself will usually include the names of people who should act as executors and carry out the deceased person’s wishes.  Anyone named as an executor can then make the application to the probate registry.  The grant of probate means that they can deal with the assets of the deceased, managing an estate until all claims are paid.

When there is no will:

Without a will, the deceased person is described as being ‘intestate’.  Close relatives can apply to the probate registry for the grant of letters of administration, but the estate itself may be distributed according to intestacy rules, which primarily try to ensure that any surviving spouse or civil partner and children are protected.

Questions you might like to ask your solicitor…

When will we have access to savings in order to pay bills?

Who will let us know that we can divide the deceased person’s effects?