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What is the process of applying for probate (1)-min

What to do when someone dies

When someone close to you dies, it can be difficult working out what to do and in what order. There are a number of tasks to be considered which can make an already difficult time even more stressful.

Initial stages

The process

We appreciate that there is a lot to take on board, especially in the early stages, so to answer the question of what to do when someone dies, we have broken down the process into eight stages.

Stage one

Getting a medical certificate

The first thing to do when someone dies is to obtain a medical certificate of cause of death – this is required to register the death. If the Coroner is involved, the process will be slightly different.

Stage two

Registering the death

Before funeral arrangements can be made, the death needs to be registered. Normally, relatives of the deceased are required to register the death. However, the Registrar will allow non-relatives to do so if the next of kin are unavailable. In these scenarios, someone who was present at the death may register it – this may be a hospital representative, an occupant of the house where the death occurred, or the person arranging the funeral.

Stage three

When the Coroner is involved

In cases where a death is reported to the Coroner, all necessary papers will be issued by them once investigations are complete. If the cause of death remains uncertified, or if it is determined that the death was not from natural causes, an inquest will be held. In these cases, the Coroner will issue an interim death certificate. While a Coroner is investigating a death, it is not possible to carry out any preservative work in preparation for the funeral.

It is also recommended that you do not book a definite date for the funeral while any investigation is ongoing, although you can certainly start to plan the ceremony. If a Coroner’s post-mortem examination reveals that the death was due to natural causes and an inquest is not needed, the Coroner will release the body. The death can then be registered, and the funeral can take place.

 

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Stage four

Dealing with the Will

The next thing that needs to be done is to find out if the deceased left a valid Will. There may be specific funeral requests contained in this document. If you cannot find a Will, we advise conducting a Will search by approaching Will Writers and Solicitors local to the area where the deceased lived and searching The National Will Register. This is particularly important when it comes to dealing with the deceased’s affairs later on, as there are different legal requirements for administering the estate if no valid Will was written.

Stage five

Locating important documents

What documents do you need after death? At this stage, you should already have the birth, marriage, and death certificates. However, other important paperwork, such as pension details, insurance policies, and bank and building society accounts, will be helpful later on, particularly if you need to apply for probate (or confirmation in Scotland). Once these documents have been located, it is advisable to keep them all together in a safe place for ease of access.

Stage six

Arranging the funeral

The deceased may have left a written record, told family and friends about their funeral wishes, or have a pre-paid funeral plan in place. It is advisable to check whether any of these arrangements have been made prior to contacting a Funeral Director independently. If no specific requests were made during the person’s life, a range of decisions regarding the funeral will need to be made by the family. These decisions will include:

  • Whether the person should be buried or cremated
  • Where the funeral is to take place
  • What flowers are required
  • What readings you would like during the service
  • What music is to be played
woman-daughter
Stage seven

Probate

Probate, also known as a Grant of Probate, is a legal document that the Executors of a Will may need to obtain when administering the estate of someone who has died. In scenarios where the deceased passed away without a Will, the document is referred to as a Grant of Letters of Administration, and the person responsible for sourcing this legal document is referred to as an Administrator. The umbrella term for both a Grant of Probate and a Grant of Letters of Administration is Grant of Representation; both terms refer to the same process.

Obtaining probate provides the Executor with the legal authority to carry out estate administration – the process of dealing with the deceased’s assets, legal affairs, debts, and more. Therefore, probate is one step of the wider estate administration process.

How do you avoid probate? The reality is that the requirement for probate is not determined by the estate value or whether a Will was left behind or not; financial institutions set their own probate thresholds, and this varies between different providers. For this reason, probate is unavoidable if the deceased owned assets that exceed these individual thresholds.


Stage eight

Estate administration

 

Estate administration is the process of dealing with a person’s legal and tax affairs after they have died. This normally means dealing with all their assets (such as property and personal possessions) and liabilities (such as outstanding debts) before transferring whatever is left to the beneficiaries. Turn to Kings Court Trust for support.

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Are you dealing with the death of a loved one?

If someone close to you has passed away and you have questions about probate or what needs to be done, our team of specialists are on hand to help. Discuss the next steps and how professional support can reduce the burden. 

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Essential resources

Discover more in our informative articles about undertaking the role of dealing with a deceased person's estate.