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26 May 2012
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Law books and judge's hammer

Probate and property

Kathy Miller

Dealing with the practical elements of a death is hard, but it's essential to know what obligations you may or may not have regarding the deceased person's estate and possessions.


Who looks after the dead person's belongings and property?

The person who deals with everything owned by the person who died is known as the personal representative, the executor (if they're named as such in a will) or the administrator if there's no executor named or no will.

After a death has occurred, the nearest relative should find out if the deceased left a will and if so, who the executor is.

What does the personal representative do?

The personal representative is responsible for paying all the deceased's outstanding debts, taxes and expenses, including funeral expenses, which they pay from the estate (that is, the deceased's property and possessions). Only when this is done can the estate be shared out. If you're the personal representative, you may have to apply to prove the will, or, if there's no will, apply for a grant of administration which gives you permission to pay the bills and deal with the estate.

Do I need a solicitor?

No, but if you decide not to use a solicitor, you may find Form PA2 useful. You can get this from a probate registry office. Remember, even if there's no will, the deceased's possessions can be distributed only when all expenses have been paid.

What happens if I need legal advice?

You should seek help from a solicitor or the Citizens Advice Bureau, who will also be able to advise if you are entitled to legal aid when dealing with the estate.

Have a look at the Citizens Advice Bureau website for a branch in your area.


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