An overview of the probate process for executors/trustees

An overview of the probate process for executors/trustees.

When someone dies, you may be appointed to organise what they’ve left behind (in a process known as ‘probate’).

Unless there are assets abroad, the estate is bankrupt, or there is an inheritance tax liability- doing it yourself can save £1,000s.

We’ve put this guide together so you can handle probate with confidence.

The following information is relevant for executors in England and Wales.

I’m an executor – what do I do? 

Executors are responsible for gathering assets, settling any bills or debts, and distributing the remaining wealth.

Rather than being seen as a daunting and overwhelming task, it can be viewed as a process of closure and fulfilling your loved one’s last wishes.

By keeping organised, it will not be as hard as you may fear. Writing out your plan, noting all important details about the deceased (date of birth, national insurance number, driving licence number and passport number etc.) and keeping records of everything you do, step-by-step, in one place can will save lot of hassle and delays.

What to do after someone’s died:

Stage 1: Getting started

• Obtain the Medical Cause of Death Certificate
• Contact Employer
• Register the Death (must be done by…)
• Retrieve the Will
• Arrange the Funeral & Burial

Stage 2: Finding and Valuing the Assets

• Open executor bank account
• Empty property if it will empty for 30 days or more (take out empty building insurance)
• Locate any missing bank / pension / insurance accounts
• Make Life Insurance claimsNow: Value the estate: total up the value of all the assets and taking away the debts and bills that need to be paid – you will need this later.

Stage 3: Get Legal Authority

• Apply for Grant of Probate (Probate Application)
• Inheritance Tax form
• Other forms

Stage 4: You have legal authority and control of the estate

• Settle debts with companies
• Reimburse funeral / burial costs 
• Reimburse private debts
• Distribute assets: gifts first followed by Islamic inheritorsStage 5: Housekeeping
  
• Consider support for the Spouse
• Close all of the deceased’s accountsStage 1: Getting started – Step by step

  a. To obtain the Medical Cause of Death Certificate:

  
  – Contact their GP.
  – If not, contact the hospital.

  b. Inform their employer and enquire about a workplace pension 

  – take note

  c. Registering the death:

  – Who can register a death? The person arranging the funeral, a person who lives with the deceased or anyone who was present at the time of death.
  – Should be done within five days at the register office that is local to where the death took place. (Find registry office here: https://www.gov.uk/register-offices/)
  – The government has a useful tool that lets you know how you need to register the death according to your circumstances here: https://www.gov.uk/register-a-death.
  
  BEFORE REGISTERING, DO NOTE: 
  
  – You need to book an appointment with the registry office
  – It is helpful to first call the registry office and enquire what will be needed at the appointment 
  – As well as taking the Medical Certificate of Cause of Death, it is likely that you will need to take the deceased’s proof of ID and a proof of their address 
  – Be prepared to provide the following details:

  The full name of the person who died.
  Their full home address.
  Their date and place of birth.
  Details of where and when the person died.
  Their occupation.
  If they were receiving any benefits.
  The name, occupation and date of birth of their spouse.
  
  When the registry office provides you with a death certificate: get at least five official, certified copies  (though some recommend as many as 25 as you will likely need them when interacting with organisations and they will cost more to get later).

  If you didn’t get enough the first time round, you can order more copies here: https://www.gro.gov.uk/gro/content/
  
  d. Retrieving the Will:
  – Chances are, if they’ve nominated you as their executor then they’ve told you where it is
  – Specific funeral wishes can be made in a Will, so it’s worth checking for this as soon as possible

  e. Once you have the death certificate, you can arrange the funeral and burial.
  – The government’s bereavement services search will connect you to the local council’s page which will have the information you need- https://www.gov.uk/find-bereavement-services-from-council
  – Many mosques have funeral services; their people are experts in dealing with this stage. It’s worth reaching out to the mosque you wish for the funeral prayer to be held at to see what support and guidance they can offer.
  – You may be able to pay the funeral bill from the deceased’s bank account (even before getting a grant of probate). If you provide the bank with a copy of the death certificate and the funeral bill, they will usually pay the undertaker directly. If not, you can be reimbursed when you have collected the assets and are settling debts (covered below).

  Stage 2: Finding and Valuing the Assets