If you are suffering from a recent bereavement and have been named in the will as a representative/executor it may be that you are unsure of how to proceed given that this doesn’t happen that often or in fact it might be the first time you are dealing with such an upsetting situation.
Probatesolicitors.org.uk (found on the Solicitor Search Network) acknowledges that this is a very difficult task having just lost a loved one/family member to find you have the legally complex task of being a representative and dealing with the estate. Your probate solicitor will take the worry out of starting the process and will explain what your roles and responsibilities are as representative. Their assistance will ensure that you met all legal requirements to complete the probate obligations placed on you as representative.
Hopefully the deceased will have left a will naming their executor(s). The first duty of a named executor is to apply to the probate registry for a grant of probate, this legal document will enable you to deal with the estate. If your family member has unfortunately died without writing a will your probate solicitor will explain the procedure and establish whether other relatives have equal rights of acting as a representative and their order of priority. Once given the task of being a representative then you and others involved must decide all matters between you, should this prove difficult your solicitor will advise you.
You can use your probate solicitor’s help to apply for a grant of representation usually required when the deceased leaves an estate of £5,000 plus. As representative you will need to know the value of all the assets such as property and land, any insurance payouts, stocks and shares etc – your solicitor can advised you on collecting this information.
It is a legal imperative that as representative you follow the terms and wishes of the deceased’s will. A further responsibility you may need legal/financial help with is inheritance tax, your probate solicitor having established the value of the estate will check whether gifts have been made within seven years of the death and if so for how much and to whom. Once in receipt of the monies/asset as representative you will be required to pay any out-standing debts/monies for such as funeral costs, housing, rent, taxes owed, uninsured loans etc.
