HOw to handle an estate if there is no will ?

Were a person dies without a will, they are said to have died 'intestate'. If this happens, English law specifies who should deal with the deceased's affairs and who should inherit their estate (property, personal possessions and money).

If the persons affairs are complex or you feel you need help, it's a good idea to seek the advice of a probate solicitor as soon as possible. It's advisable to disclose them all the information and documentation you have to hand about the deceased person's property, belongings and financial affairs. In the intervening period, it may be a good idea to put valuable items that are small, such as jewellery, away in a safe.

The normal prerequisite for being entitled to administer someone's estate is that you need to apply to the Probate Registry for a 'Grant of Letters of Administration'. You can ask your probate solicitor to help you with applying for a grant or it is possible to make a personal application to the Registry.

Only once the grant of probate has been issued can you become the 'administrator' of the estate. The grant of probate provides proof to banks, building societies and other organisations that you have authority to distribute funds that are in the deceased's name. The process is generally referred to as 'obtaining probate', though technically this term applies where there was a will.

If Inheritance Tax is due on the estate some or all of this must be paid before a grant will be issued.

Where the estate the deceased is below five thousand pounds , and doesn't contain any shares, land or property, then it may be possible to deal with it without obtaining a grant. Also, a grant might not be needed if the whole of the estate is held in joint names and passes automatically to the surviving joint owner. For more information contact the Fridaysmove Probate Team