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Can a personal representative deal with a deceased person's estate?
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Are personal representatives liable if a person dies?
As a personal representative (an executor or administrator) you’re legally responsible for the money, property and possessions of the person who died (the ‘estate’s assets’).
- Distributing The Estate
Distributing The Estate - Dealing with the estate of someone...
- Apply for Probate
Probate is the legal right to deal with someone’s property,...
- Settling Debts and Taxes
Settling Debts and Taxes - Dealing with the estate of...
- Managing and Selling Assets
Managing and Selling Assets - Dealing with the estate of...
- View a Printable Version of The Whole Guide
We would like to show you a description here but the site...
- Reporting
From 6 April 2024, if the estate’s income from any sources...
- What to Do When Someone Dies
Check what to do after a death - how to register the death,...
- Distributing The Estate
- How to Deal with The Property of A Person Who Has Died
- What Does The Executor Or Administrator Do
- Tax and Benefits
- Debts
- Probate and Letters of Administration
- Jointly-Owned Property
- If The Amount of Money Is Small
- Do You Need A Solicitor
- How Long Does It Take to Get Probate Or Letters of Administration
- How to Apply For Probate Or Letters of Administration
Everything owned by a person who has died is known as their estate. The estate may be made up of: 1. money, both cash and money in a bank or building society account. This could include money paid out on a life insurance policy 2. money owed to the person who has died 3. shares 4. property, for example, their home 5. personal possessions, for examp...
The executor or administrator (also called the personal representative) takes responsibility for dealing with all of the estate. This involves: 1. finding all the financial documentation belonging to the person who died 2. sending a copy of the death certificate to the organisations that hold the money of the person who has died. Ask them for confi...
When someone dies, it's important to sort out their benefits, tax and National Insurance as soon as possible. There may be tax to pay, or their estate might be owed some tax back. You need to tell the tax office, and each government office that was paying benefits to the person who has died, about their death. You need to do this as soon as possibl...
The person who has died may have left debts, for example, an overdraft on their account or a credit agreement that has not been paid off. When someone dies you should try to contact all their creditors. You should place a notice in The Gazetteon their website, the official public record of legal notices in the UK. This will tell creditors they can ...
Probate
If you are named in someone's will as an executor, you may have to apply for probate. This is a legal document which gives you the authority to share out the estate of the person who has died according to the instructions in the will. You do not always need probateto be able to deal with the estate. If you have been named in a will as an executor, you don't have to actif you don't want to.
Letters of administration
In some circumstances, someone who wants to deal with the estate of someone who has died will have to apply for letters of administration, rather than probate. This person is called an administrator. You have to apply for letters of administration if: 1. there is no will 2. a will is not valid 3. there are no executors named in the will 4. the executors cannot or are unwilling to act. There are strict rules about who can be an administrator. If there is a valid will, you can apply for letters...
Do you always need probate or letters of administration
You usually need probate or letters of administration to deal with an estate if it includes property such as a flat or a house. Otherwise, you may not need probate or letters of administration if: 1. the estate is just made up of cash (that is, bank notes and coins) and personal possessions such as a car, furniture, and jewellery 2. all the property in the estate is owned as beneficial joint tenantsThis property automatically becomes wholly owned by the other owner 3. you had a joint bank acc...
Couples may jointly own their home. There are two different ways of jointly owning a home. These are beneficial joint tenancies and tenancies in common. If the partners were beneficial joint tenants at the time of the death, the surviving partner will automatically inherit the other partner's share of the property. There is no need for probate or l...
The estate may be made up of a relatively small amount of money held: 1. in a bank or building society account 2. in a pension fund 3. by an insurance company. If, after the funeral expenses have been paid, the amount of money held by the organisation is under a certain amount, they might be prepared to release it to you without you having to apply...
Many executors and administrators act without a solicitor. However, if the estate is complicated, it is best to get legal advice. You should always get legal advice if, for example: 1. the terms of a will are not clear 2. part of the estate is to pass to children under the age of 18 3. the person who died has left money or property in a trust 4. th...
The time it takes to get probate or letters of administration varies according to the circumstances. It may only take three to five weeks if there are no complications, inheritance tax is not payable, the estate is straightforward and all forms are filled in properly. However, in more complicated cases, it may take much longer.
You can apply for probate online or by post. However, you can only apply by post if you’re applying for letters of administration.
Aug 2, 2021 · Register an estate as a personal representative. Use the online service to register a deceased person's estate if you’re an executor, administrator or personal representative.
Aug 22, 2023 · A personal representative is the person or persons appointed to deal with a deceased’s estate, whether that be an appointment by way of a will or an appointment by operation of law, under the rules of intestacy.
Jul 12, 2024 · A personal representative is responsible for finalising the affairs of someone who has died. This role can be: an executor — named in the will to deal with the estate. an administrator (executor...
May 25, 2021 · When someone dies without a will they are said to have died 'intestate’ and no one has immediate authority to act as their personal representative. Instead, one of their relatives needs to apply to the Probate Registry for a grant of letters of administration.
It gives you the legal right to deal with the estate of the person who died. If you’re the executor but you do not want to or cannot act, you can: appoint someone else to apply for probate by using the attorney forms on GOV.UK.
