Before submitting an application to the Probate Court you should be aware that once you start dealing with an estate, you become legally and financially responsible to the Inland Revenue, the Department of Work and Pensions, the Capital Taxes Office, Social Services and any credit card, loan or mortgage Companies.
You should be particulary cautious if the deceased was receiving social security benefits and you think they may have some savings!
If you are considering dealing with probate yourself, then this is a helpfull checklist for you to follow.
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1 Visit Doctor, Hospital or Coroners Office & Obtain Medical Certificate of the cause of death for the Register of Births, Marraiges and Deaths.
2
Take the form to register the death with the Register of Births, Deaths and Marriages within 5 days of death.
3
Advise a funeral director of the death. If the deceased has a pre-arranged funeral plan then make sure you contact them first.
4
Find the Will - if there is one, it will give you details of any funeral requests as well as where the deceased wished their assets to be passed.
If the deceased assets are over £5000 then you will normally have to apply for a grant of probate. The forms can be obtained from the court.
5
Visit the funeral director with a death certificate to make funeral arrangements. Please remember that once you instruct the funeral director you become liable for the bill - not the next of kin or the estate.
6
The Benefits Agency needs to be advised at the local office in person or in writing.
- Complete and give them the form supplied by the Register.
- They may need sight of any birth and marriage certificates.
- Return any pension book
- Complete survivorship forms if there is a widow or widowers pension
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The Local Authority will need informing to amend council tax details. Also apply for a single person reduction if available.
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Contact Probate Court for the applications for probate including the HM. Revenue and Customs Forms.
9
Contact Social Services including Meals on Wheels
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The Department of Work and Pensions will require any overpayment of pension to be repaid, so inform them and complete forms as soon as possible.
11
Inform the Family Doctor and any Local Hospitals the deceased may have attended.
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Inform the Benefits office and complete their forms.
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Utility Companies:
- Gas
- Water
- Electricity
- Telephone
- Cable
Advise them of the situation and change names of account
14
Inform the local Council Housing department if deceased rented their home to cease tenency or change name of account
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Redirect post if deceased home is unoccupied
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Deliveries
- Milk
- Papers
- Coal
- Shopping
- Avon Cosmetics, or other catalogues
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Trade Unions, clubs and associations - there may be a death benefits
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Home Property Valuation - if the deceased owned all or any part of their own home, all or part of any other property or land, a probate valuation will be required. An estate can help but some charge for their services.
Advise the property insurance company of the situation.
- If the property was damaged in a fire or a plane landed on it, you are personally responsible for any loss so, make sure the property is comprehensively insured for buildings and contents insurance.
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Investment Property Valuation - As above but contact letting agency for advice regarding rents. Also remember tax office need to be advised of rental income.
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Employer - Advise employer of death and enquire about outstanding pay, death in service, share save schemes and pension.
21
Pension Scheme Trustees - Advise scheme trustees and enquire about widow or widowers pension and cessation of payments.
22
Life Assurance Companies -
- Investments
- Bonds
- Savings
- Endowments
- Personal Pensions
- Anunities
Notify each company and request claim forms. Second death life assurance may need additional direct debit set up to continue with payments.
23
National Savings and Investments - Savings, Investments, Peps, Isa's, Tessa's and Premium Bonds needs forms from the post office to encash.
24
Overseas Assets such as Timeshare, Property, Land and other Business interests will all need specialist treatment
25
Banks and Building Society's -
- Cheque
- Deposit
- Savings
- Endowments
- Investments, P.E.P's, I.S.A's and T.E.S.S.A's
- Mortgage
- Loans
- Business accounts and business loans
Notify each bank and building society accounts and request claim forms. Sole accounts will need to be closed. If joint names then deceased name will need to be removed. Enquire about any direct debits and standing orders on the accounts. New ones may have to be arranged. You are also responsible to settle any debts.
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Credit Cards - charge, store and fuel cards will need to be informed and any outstanding amounts settled.
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Stockbroker - all stocks and shares are held by a registrar. You will need to contact a stockbroker to arrange the sale of the shares.
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Accountant - if the deceased is self employed they will almost certainly employ an accountant. They need to be informed for tax details and so you can settle their bill.
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HM Revenue and Customs - Complete forms for Tax on income, capital gains, savings, investments and tax credits.
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Auctioneer and or Valuer - Contact to value home contents, stamp collections, antiques, coins and any other valuables.
31
Season Tickets & Licenses - Refund of any unused TV Licence, Travel Tickets, Season Tickets, Fishing, Boat, Vehicle Etc
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Mail Order - Contact book & magazine companies
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Motor Vehicles
- Make sure vehicle is secure
- Continues to be insured (bank account may be closed)!!
- Insurance Company advised of death
- DVLA advised
- Do not allow anyone to drive the vehicle without the Insurance Company being advised.
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Documents to Return
- Order Books
- Payable Orders
- Giro Cheques
- Passport
- Driving Licence
- National Insurance
- NHS Equipment, EG. Wooden Leg
- Buss Pass
- Disabled Parking Pass
- Library Books and Tickets
- Membership Cards of Clubs and Associations
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Debtors -
Identify people, companies or customers who owe money to the deceased
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Creditors -
Identify people, companies or customers who owe money to the deceased
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CONCLUDING AN ESTATE
Once you have a Grant of Probate you can start dealing with and concluding an estate.
- Open an executors account
- Write to all known debtors and creditors
- Write to all beneficiaries confirming the likely timescales involved.
- Advertise for Creditors in the correct publications (if you do not then you are responsible to any creditors at any time even after the estate has been settled)
- Bank all cheques and pay all bills
- Meet with beneficiaries to settle estate and obtain receipts
- Ask accountant to prepare accounts for Inland Revenue
- Keep accounts for a minimum of 12 years.*
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* If there is a surviving spouse then the accounts will need to be kept untill their eventual demise as they will be needed for the Inland Revenue when dealing with their estate.