How To Proceed

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Bazile | 20:24 Wed 01st Jul 2020 | Law
6 Answers
1. Eexecutor of a will

2. Family member dies without making a will

In the above two instances , how does one proceed , without involving a solicitor , to sort out the estates ?

Is there a guide / steps to follow / available ?


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1) get probate and distribute estate according to will
2) if you are a close relative (hierarchy)(and the estate is over £5k) apply for letters of administration and distribute estate as per intestacy laws
yup tons - guides to follow

dealing with intestate estate
I obtained probate within 6 weeks of a relatives' death. I asked for the form, filled it in as per the instructions, and probate was granted within the said time above. The estate was split two ways. The deceased told me, before dying, who was to benefit from the estate. I didn't supply details of close/distant relatives as none had been seen for years. That was 5 years ago. Just apply for the probate and exclude people who you've not seen for years. Once you've got that, you can go ahead and settle the estate to any instructions that you might have had from the deceased prior to his/her death.
1. The executor of the will needs to apply for probate. Unless the estate is unusually complicated it's normally a very straightforward task, simply involving a bit of form-filling. (I managed it easily enough anyway!). It can be done either online or by post (using form PA1P). The staff at your local district probate registry can help you with the form-filling.

2. Where a person has died intestate, someone needs to apply for 'letters of administration'. There's a fixed 'pecking order' as to who has the right to apply, in descending order as follows:
the spouse or civil partner of the deceased ;
a child of the deceased ;
a grandchild of the deceased ;
a parent of the deceased ;
a sibling of the deceased ;
a nephew or niece of the deceased ;
another relative of the deceased.

Note that there's no 'pecking order' within each of the categories above. For example, if the person died without leaving a surviving spouse or civil partner, but with several surviving children, any one of those children can seek letters of administration. (i.e. the oldest child doesn't have 'seniority' over his/her siblings).

An application for letters of administration needs to be made by post (using form PA1A).

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