What to do When Someone Dies

If you are a personal representative, we understand how it can be confusing where to start when someone dies. Dealing with estate administration and the probate process can add to the stress of your grief. The probate and estate administration process is complex, time consuming and stressful.

However, following a death, this time is a critical time from a legal perspective.

In this guide, we explain what to do when someone dies. We also provide steps for personal representatives.

Register the death

When someone dies, you will need to register the death with your local register office. This is usually the responsibility of a family member. However, a personal representative will need the death certificate to deal with the probate process.

You will need the death certificate to deal with bank accounts and other organisations that need proof of death. You also can not arrange the funeral without registering the death.

Find the Will

It is important to find out if the person who has died left a Will and where it is stored. If they created a Will with a law firm they should have the Will stored.

The Will should include important details. It should state who the personal representative is. This makes it clear who is in charge of managing the estate. This named person will be an Executor of the Estate.

A Will provides critical instructions regarding actions which must be taken after the owner passes away. Regardless of the verbal instructions given, personal representatives follow properly drafted Wills and trusts after death.

The Will should contain important instructions, for example:

– What happens to property, money and other assets owned.

– Details and instructions of any investments and how these should be handled.

– Details and instructions of any business shares or interests.

– Instructions for the care of any children.

– Instructions for any care of pets. 

– Details of any trusts.

– Any charitable donations.

If there is no Will, the estate will follow the Rules of Intestacy. A next of kin will become the Administrator of the Estate. They may need to go through the probate process. It can sometimes be complicated working out who is classed as the next of kin in accordance with the legal provisions.

Administering the Will

The person who is appointed in a Will to oversee an estate is called an Executor. They may need to apply for probate and administer the Will. The Will should contain details of who will inherit from the estate. These people are called beneficiaries. 

The probate process

When a person dies, a personal representative will have responsibility of their estate. The management of this depends on whether a Will exists or not. The probate process is usually followed. This gives either an Executor or an Administrator the power to manage the estate.

If there is a Will and a nominated Executor, they will need to make an application for a Grant of Probate. This gives them authority to manage the estate.

If there is no Will, the next of kin will need to apply for a Grant of Letters of Administration. This will give them authority to manage the estate. 

After the personal representative follows the probate process, they will then follow the estate administration process.

A probate solicitor can handle the whole probate process. They ensure it is done as efficiently as possible.

The estate administration process

We would suggest contacting an estate administration solicitor before any actions in the Will are taken. This includes re titling assets, gifting items or closing any accounts or selling any assets.

There are usually significant legal and financial ramifications associated with such activities.

If you are named a personal representative, you must handle the estate administration process. This includes:

– Gathering any assets, e.g. money left in bank accounts.

– Valuing the estate, including all assets, pensions, investments and business interests.

– Closing bank accounts.

– Transferring property.

– Paying any bills, including various taxes.

– Distributing what’s left according to the Will.

– Paying debts and inheritance tax.

– Dealing with life insurance documents.

And that’s just if the deceased had a Will. If there is no Will, the probate and estate administration process can be complex.

It’s important to remember that unmarried spouses do not automatically inherit an estate if there is no Will. There are many factors to think about when dealing with ‘Intestacy rules.’ You should contact an estate administration solicitor for legal help.

Services Offered by Our Estate Administration Solicitors

Our estate administration solicitors can help you with managing an estate by:

– Tracking down a Will.

– Dealing with probate and dealing with all Grant of Representation paperwork.

– Advise on and pay inheritance tax.

– Advising you regarding the terms of the Will.

– Providing advice and information to you regarding your responsibilities as a personal representative.

– Obtaining valuations of the assets and liabilities, including any debt, in the estate.

– Dealing with a complicated estate where there is no Will.

– Dealing with complex arrangements in a Will, such as assets held in a Trust.

– Dealing with foreign assets in an estate.

– Deal with any business ownership or interests.

– Deal with any investments.

– Encashing the assets and paying any liabilities out of estate funds.

– Work with Tracing Agents and locate hard to reach family members.

– Distributing the estate based on the instructions in the Will.

The main benefit of having a solicitor is that they simplify the estate administration process. They help reduce stress and ensure you get the best outcome possible.

Howells Solicitors have a strong record of great service and positive client feedback. We rank as one of the top law firms in South Yorkshire for estate planning solicitors on review solicitors. We also rank as one of the top law firms for estate planning solicitors on the Three Best Rated website.

Contact us or call us on 0114 2743 481 to book your appointment today.