Understanding the Probate Process

Dealing with the loss of a loved one is a challenging time emotionally however, there are also administrative and legal processes that need to be managed.

For those responsible for the process for the first time the following guide could be useful.

Registering a Death

The first thing you need to do is to register the death which normally has to be completed within 5 days. Once you have completed the registration you will be given a certificate of burial which you should pass on to an undertaker.

Having registered the death you will be issued with a ‘Tell Us Once’ reference number which you will need to communicate with the Government. There could be some other information required and it is best to check the information needs at this stage. The benefit of the ‘Tell Us Once Service’ is that it helps notify various Government Departments in one go.

Planning a Funeral

Once the registration of death is complete you can commence working with the undertaker and others on the plans for the funeral. It is of course important to check if the deceased had plans in place for their funeral, including any insurance policies or advance payments they had in place for their funeral.

Financial Support

If it is your spouse that has died you could be eligible for a bereavement support payment. Whilst this is not a means tested payment not everyone qualifies, so you should check your eligibility. Any claims need to be made within 21 months of the death. Eligibility and the process can change so it is best to check with the Bereavement Service.

Obtaining a grant of probate

In simple terms probate is gaining the right to deal with someone’s estate and distribute any assets of an estate to the appropriate beneficiaries. This could include property, possessions, cash, investments, shares but could also include debt. There is a legal process that has to be completed in order to obtain a Grant of Probate and only once granted can items such as distribution of assets or a sale of a property commence.

The probate process can be a little confusing and involves lots of activities ranging from making contact with banks and closing accounts, distributing assets through to paying any tax that may be due. Inheritance tax rates are regularly changed so it is worth instructing a professional to administer the estate to ensure that all matters are dealt with correctly

Bird and Lovibond has a specialist team that can guide you through all aspects of the probate process and in so doing help reduce pressure at a time of great sadness.  

Please contact us to talk with one of our probate specialists.