When someone dies leaving assets (whether that is a car, personal effects or a house), for matters to be dealt with properly the law requires someone to be appointed to deal with those assets. There are two common situations, where someone has left a Will or where they have not. There are more complicated situations where they may have left a Will which is partly invalid, but that is beyond the scope of this guide. There are special rules for Small Estates.

Small Estates (below £5,000)

There is a Will

There is no Will

Whatever the situation, we are able to assist and take some of the burden from you.

If the deceased left assets worth less than £5,000 (whether or not there is a Will) then you may be able to deal with the estate using a special simplified procedure which is usually cheaper. This will not always be possible but we can advise you of when it is appropriate.

If someone has left a Will they almost invariably have appointed someone to take responsibility for looking after their assets and distributing them in accordance with the terms of the Will. Such a person is called an "Executor" (or if a woman an Executrix). You can have up to four joint Executors. The initial responsibilities of the Executors are set out in Administration of Estates - What to do following a death. Once all the details of the assets (and any debts) have been ascertained a formal application has to be made to the Court for the "Grant of Probate". This is the legal document that establishes the Executors are entitled to deal with the assets of the deceased, whether that means closing down Bank accounts to distribute the money or selling a house or signing it over to the beneficiary.

Before a Grant of Probate can be obtained you need to establish whether any Inheritance Tax is payable and if so it has to be paid (though in special circumstances it can be paid by instalments).

Where someone has not left a Will there are rules as to who is to inherit the deceased's assets. The rules are quite involved as they not only depend on the closeness of the relationship with the deceased but can depend on the value of the assets. It is open to the main beneficiaries to apply for the "Grant of Letters of Administration" which is the equivalent document in such a case to the "Grant of Probate". As for a Grant of Probate, any Inheritance Tax generally has to be paid before the Grant of Letters of Administration will be issued.