How to deal with an estate after death

It is important to be familiar with the following terms:

• Administrator - someone who is appointed to administer the estate if there is no Will or the appointed executor can’t carry out their duties.
• Assets - real estate, cars, possessions, investments, money or anything else owned by a deceased person.
• Beneficiary - a person who is entitled to receive property, money, gifts or other assets from the estate.
• Estate - the money, possessions and property of a deceased person.
• Executor - someone who is appointed in the Will to administer the estate of a deceased person.
• Grant of Probate (Grant of Representation) - the legal document which allows someone to administer the Will of a deceased person.
• Intestacy - the state of having died without leaving a valid Will.
• Letters of Administration - a legal document which grants the legal permission to deal with the estate of a deceased person.
• Last Will and Testament (Will) - a legal document which specifies how a person’s estate is distributed at their death.
• Probate - the right to deal with the estate of a deceased person.
• Rules of Intestacy - Inheritance Laws.

Managing someone’s estate can be a lot of responsibility, so we hope the tips below help make the process a little easier. 

Before you do anything else, it’s worth spending some time to familiarise yourself with the process and your responsibilities. You may wish to consult with a lawyer who is qualified to advise you on such matters.

If that seems like too much work on top of everything else, consider our Legal Services. Among other benefits, it includes a 24-hour legal advice helpline.

Most of the institutions and companies concerned with the estate of the deceased person require to see an original copy of the Death Certificate. You can speed up the process of dealing with them by notifying more than one at the time. Make sure to order multiple copies of the Death Certificate when you first register the death.

To find out how to obtain a Death Certificate, please read our guide on how to register a death.

The will lays out wishes and particular instructions in regards to the estate and its distribution. It should also include the names of the executors - the person or persons responsible for administering the will.

If you are a named executor, you need to apply for Grant of Probate which is the legal document you need in order to deal with the estate. You can apply to the Probate Registry directly or hire a solicitor. It takes a week to 10 days for your application to be processed and between four to 10 weeks to be approved, providing that there are no further queries or complications.

Read the full guide: What to do when someone dies with a will

If someone dies without leaving a valid will, it means that they have died intestate. In such cases the estate is distributed according to the Rules of Intestacy or the Inheritance Law.

The person who deals with the estate is called an administrator. They need to apply to the Probate Registry for Letters of Administration, which grants them the legal permission to deal with the estate. The Probate Registry issues the grant to whoever is entitled to apply for it – it does not choose or appoint someone of its own.

Although the administrator can be a family member, relative or a close friend, it’s worth consulting a lawyer as the Inheritance Laws can be quite complicated.

Read the full guide: What to do when someone dies without a will

Please visit our Legal Services page for more information on how we are able to help you in dealing with these matters.

If you are an executor or administrator, you are legally obliged to pay off any debts and outstanding payments before you distribute the estate. You can use money from the estate to do that.

The current tax-free allowance, which is also known as the nil-rate band, is £325,000 in the UK. If the estate’s value exceeds that number, 40% tax is due on the part above the threshold, not on the whole estate.

The tax-free allowance is increased to £500,000 if the home is left to children or grandchildren, because an extra residence nil-rate band of £175,000 applies on top of the £325,000. If the estate is left to the spouse or civil partner, there is no Inheritance Tax to be paid. These thresholds do change, so check the current figures on GOV.UK.

Please note that this is quite a complicated part of the probate process and you should consider legal advice.

When someone dies, you need to notify certain Government Departments, banks, mortgage providers etc.

Please refer to our guide on who to notify after a death for a full list of the organisations which need to be notified as soon as possible.

While the rules and regulations are there to guide you, managing someone’s estate after their death comes with a lot of responsibility. Be prepared to deal with relatives and family members who might be keen to push their own ideas about distributing the estate.

It is a legal responsibility which requires you to follow specific rules and regulations. If you decide to hire a solicitor to advise you or carry on the work, you should know that their fees are paid for by the estate.

More guidance on money and legal matters after a death.