Welcome to our page providing an Estate Administration Checklist. We are a firm who specialise in dealing with probate and estate administration work. At Seatons, we offer a helpful and friendly service with low fees that provide exceptional value for money. Please call us today for a free no obligation chat on 01536 276300 or contact us online.
As an executor or administrator, administrating an estate can be a complicated affair. At Seatons, we aim to make this process as smooth as possible to ensure the administration gets carried out lawfully and effectively. This brief guide will provide you with all the necessary rights and responsibilities an executor or administrator will have during estate administration.
- Check If There Is A Will
Checking to see if the deceased has left a Will helps determine which type of Grant of Representation to apply for, and will also set out how the estate is to be distributed.
- Apply for a Grant Of Representation
If the value of the estate exceeds £5,000, then it may be necessary to obtain a Grant of Representation from the Court, in order for banks, Building Societies and other similar organisations to release the deceased’s assets. There are three types of Grant available:
- Grant of Probate – When a Will has been created and an executor appointed.
- Grant of Letters of Administration – When the deceased died without a Will.
- Grant of Letters of Administration with Will – When the deceased made a Will but either failed to appoint an executor, or all the executors named in the Will have died or are unable to act.
- Collect and Value The Deceased’s Assets
Everything that the deceased owned needs to be included by the executor. Certain assets that are jointly owned can pass automatically to others on death; such as a house that is jointly owned by a husband and wife, provided they are beneficial joint tenants.
Sending a copy of your Grant of Representation to the relevant organisations (banks, Building Societies, etc.) means the deceased’s assets can be released and transferred into the executorship account.
- Pay Any Inheritance Tax
- As of April 2013, the first £325,000 of inheritance is exempt from tax (Nil Rate Band).
- Any benefit above £325,000 is then charged at a flat rate of 40%.
Inheritance tax affects every part of the inherited estate. This will therefore include your house, cash in bank accounts and personal belongings. Foreign assets are also included, along with any assets given away in the last seven years and assets given away but which the deceased still had retained an interest in.
- Pay Any Outstanding Debts
Once every relevant organisation has been contacted with regard to the deceased’s estate, any other outstanding debts owed by them but must then paid. These can include any outstanding bills, or any tax owed for example.
It important to remember that the executor/administrator has a legal duty to pay off any existing debt before distributing the remaining estate.
- Distribute the Estate
Once the executor has paid any outstanding debts, they can proceed with distributing the balance in accordance with the deceased’s will, if there is one, or in accordance with the law of intestacy if there is not.
Probate & Estate Specialists
I’m Adrian Chambers and specialise in Probate and Estate matters. We aim to provide our clients with an outstanding legal service.
We will help and support you and most importantly we work hard for you.
If you need help administering a loved one’s estate, please click here for further information.
Please contact us for a free, no obligation chat on 01536 276300 or contact us online.