This page gives an outline of the procedure for sorting out financial affairs after a death. For information on the steps you need to take immediately after someone has died, please click here.

You need a Will to ensure that your money, property and any other assets are distributed according to your wishes after your death. If you do not make a Will, the law decides who will receive all your assets, in accordance with strict rules, which may not correspond with your wishes. If you want to find out about making a Will, click here.

Grant of Representation
When someone dies, all of their assets held in their sole name (known as their estate) are frozen. This means that no-one can draw on any money, except to pay the funeral expenses. You need to obtain a Grant of Representation from the Probate Registry. This gives the people named in it, the legal authority to deal with the deceased person's financial affairs. The two types of grant are:

1. If the deceased left a Will, the executors named in the Will apply for a ‘Grant of Probate’.
2. If there is no Will, the law states which of the next of kin can apply for a Grant. This Grant is called ‘Letters of Administration’ and the people named in it are called administrators.

Both executors and administrators are called Personal Representatives. This page is a guide for those people.

How to obtain a Grant

1. Firstly, we obtain a valuation of the estate. To do this, we send the death certificate to the deceased person's banks, building societies, pension and insurance companies (including those holding any stocks and shares). They provide us with a valuation. If the deceased owned property, it will also need to be valued.

2. For estates in excess of £300,000, there may be Inheritance Tax to pay. We have to calculate the tax payable, as the first instalment must be paid to HM Revenue & Customs before the Grant can be issued.

3. We will prepare the forms that the Personal Representatives need to complete. Firstly, an oath, which is a statement giving details of the estate. The Personal Representatives need to swear that the oath is true. Secondly, if the estate is worth over £300,000, we need to complete a detailed HM Revenue & Customs  account. 

4. Even if the estate is worth less than £300,000, we still need to complete a short form of account for HM Revenue & Customs.

5. We send the Oath, the Will (if there is one) and the HM Revenue & Customs account to the Probate Registry. You will also need to pay Probate Registry fees with this application. The Probate Registry checks through the papers, to ensure all the legal formalities are correct. They then issue the Grant.

After a Grant is issued

1. We send the Grant and the Personal Representatives’ instructions to the relevant financial institutions (e.g. banks). They then carry out the instructions, for example, to close accounts or transfer assets.

2. Any money to be paid to the estate is sent to us.

3. From the money received, we firstly pay the funeral expenses, if not already paid, and then any debts of the deceased. It is wise for the Personal Representatives to allow us to put a notice in a local paper, in case there are any unknown debts. A claim to HM Revenue & Customs to transfer Inheritance Tax nil rate band exemptions may be necessary where a spouse or civil partner predeceased the deceased.  This allows up to twice the nil rate band to be used as an exempt sum on the second death.  Retrospective information collecting to complete the application will be necessary.  Wards offer a separate service to compile this information for personal representatives.

4. If the deceased owned property and was the sole occupier, this may now be sold. If there is a mortgage, it will be paid off, either from an endowment policy, or from the sale proceeds.

5. If the surviving spouse or civil partner lives in the property, it is not usually a problem if the Will states that the spouse or civil partner inherits the deceased’s share. If not, there may be a conflict between the surviving spouse or civil partner and the other beneficiaries. We will advise in this case.

6. We notify the DSS and any pension provider of the deceased's death and deal with any claim or repayment. If the deceased was receiving Income Support, the DSS will ask us about the value of estate, to ensure they have not overpaid income support. If there has been an overpayment, this will need to be refunded from the estate.

7. If the deceased paid income tax, we will complete tax returns to the date of death and settle their income tax affairs.

Payment to the beneficiaries
Personal Representatives should consider the risk of legal claims against the estate and we will advise and assist with this. If such a claim is a possibility, the Personal Representatives should not part with any of the estate for 6 months from the date of the Grant, which is the legal deadline for such claims.

Once all the payments discussed above have been made, we can then pay the beneficiaries.

1. If there is a Will that contains legacies (specific sums of money), then these must be paid first. If there is sufficient money in the estate the legacies are paid in full, otherwise they are paid in part.

2. The beneficiaries receiving the remainder of the estate can receive interim payments as money becomes available. Any money we hold is invested and interest is paid to the beneficiaries.

3. When everything has been dealt with, we prepare the estate account and our final bill. The account details all the money received and paid from the estate, from the date of death until the date it is wound up. This includes the money due to the beneficiaries.

4. The estate account and our bill are approved by the Personal Representatives. A copy is sent to the remaining beneficiaries, together with a cheque for the money due to them. This completes the winding up of the estate.

Your questions answered

How long will it all take? Most estates are wound up within 1 year; simple estates may take a few months but complex ones can take longer than a year.  We will estimate the timescale when we know the nature of the estate. 

How do I manage for money in the meantime? The surviving partner may be left with no immediate access to cash to live on until the probate process is completed. However, if there has been careful financial planning, an insurance policy, designed to pay out on a partner's death, may provide sufficient money. The solicitor can identify these policies and apply to the insurance company for payment.

Do I always need to get a Grant? No, not if the value of the estate is under £5,000 or all the assets were held in joint names.

What happens if there is no Will? The law sets out which relatives will receive the estate if there is no Will. If the deceased has no close relatives, this can be complex and we will advise you.

Do I need to have the property valued? If the value of the estate is near the Inheritance Tax threshold, a valuation by a qualified valuer is required. We will deal with the conveyancing when properties are to be sold.

What if Inheritance Tax is due and I cannot pay it? Personal Representatives often need a temporary loan to pay the first instalment of Inheritance Tax. Inheritance Tax is a complex area and we will advise you.

How you can help us
Please bring the following with you to your appointment:

• Proof of identity (passport and utility bills) for anti-money laundering purposes
• The death certificate, the Will (if we do not hold it), all papers related to the financial affairs, and the deeds of any property (if we are not holding them)
• The names and addresses of the next of kin if there is no Will, or the addresses of all the people mentioned in a Will.
  
• If the deceased was a widow or widower or had lost their civil partner prior to their death we will also need to see their spouse’s or civil partner’s death certificate, the marriage certificate or civil partnership certificate.  Any details of the first spouse or civil partner’s estate such as the grant, assets and details of the Personal Representatives will also be very helpful.