It is a traumatic time when a loved one dies. After years of experience we have a established a personal, but to professional approach, in advising and assisting in every aspect of the administration of any estate.

'Probate' is a term used when talking about applying for the right to deal with a deceased person's affairs. It's also called 'administering the estate'.

An estate can only be dealt with, by obtaining a grant from a section of the court called the probate registry.

The grants most commonly used are:-

• Probate, where the deceased has left a valid will appointing an executor who is able and willing to prove the will;
  
  
• Letters of administration with will annexed, where the deceased has left a valid will but no executor able and willing to prove it, and
  
  
• Letters of administration, sometimes referred to as a grant of simple administration, where there is no valid will

The grant is a legal document which confirms that the executor, or administrator if there is no valid appointment, has the authority to deal with the deceased person's assets (property, money and possessions). It shows they have the right to access funds, sort out finances, and collect and share out the deceased person's assets as set out in the will, or under the intestacy rules.

There are a number of duties and consequently a potential liability, at the very least it is essential to:

• check whether the deceased person's estate have any debts;
  
  
• ascertain if Inheritance Tax (IHT) payable and if so pay it;
  
  
• Place statutory advertisement for creditors and other claimants against the estate;
  
  
• Collect all assets;
  
  
• Check whether the 'district valuer' declared value of the deceased's house;
  
  
• Deal with all capital gains tax and income tax for period prior to death and for the administration period;
  
  
• Release sufficient cash from the deceased's estate to pay all debts. Make the payments and get receipts. Obtain approval of estate accounts and receipts for inheritance from beneficiaries;
  
  
• Ascertain whether a variation is advisable;
  
  
• Distribute any remaining money to the correct beneficiaries.

Please contact Jean Nixon further information in relation to any aspects of administering an estate by:

• Email jean.nixon@bhmllp.co.uk
• Telephone 01604 624822