After the Funeral

Applying for Probate

The people administering the estate need to obtain a Grant of Representation before they can begin. This is a legal document from the Probate Registry that authorises a person or persons to collect the money and assets, pay outstanding bills, and distribute the estate. Banks, insurance companies, and other organisations will need to see this document before releasing any assets.

Find out more about applying for probate on the Government's website.

What Happens If There Is No Will

Around 60% of people die intestate — without having made a will. In this situation, the responsibility for administering the estate normally falls to the next of kin in the following order:

• Husband or wife
• Sons or daughters (but not stepchildren)
• Parents
• Brothers or sisters
• Grandparents
• Uncles or aunts
• If none of the above are alive, nephews, nieces and cousins become eligible

If there are no officially recognised instructions, the rules of intestacy will be applied. For England and Wales, find out more about intestacy rules on Gov.uk.

Employing a Solicitor

Unless the will names a specific solicitor, the executors have a choice: to administer the will themselves or ask a solicitor to do it for them.

We particularly recommend employing a solicitor in the following circumstances:

• There is no will
• The will is poorly worded and there are different interpretations of intent
• Any provisions in the will are likely to be contested
• There are assets abroad
• There are business interests involved
• There is not enough money in the estate to pay the debts
• Any beneficiaries are under 18 years old

The Citizens Advice Bureau can offer more advice. We are also happy to provide a list of local solicitors if required — please get in touch.

Establishing Assets and Liabilities

When you submit the application for probate, you need to list out the assets and liabilities. If the deceased was well organised, they will have compiled a list of assets stating where relevant documents can be found — often stored in a safe, or with a bank, solicitor, or accountant.

Unfortunately, in many cases this is not straightforward. It is common for older people to have papers in the attic, or perhaps at the bottom of a cupboard. Persistence is key.

Administering the Estate

The process is straightforward, but can sometimes take time — it's not unreasonable to expect around six months, especially where property assets need to be sold:

For property, register the change of ownership with the Land Registry using form AS1. The tax authorities can do spot checks, so collect receipts and keep careful records of all transactions.

Making Official Notifications

Some organisations require official written notification of the death. It is a good idea to write a standard letter and adapt it for each organisation, filing a copy of the letter and any reply received. Below is a non-exhaustive list of who you may need to contact: