Where Theres No Will
If this happens, the law sets out who should deal with the deceased's affairs and who should inherit their estate property, personal belongings and money. When someone dies without leaving a will, dealing with their estate can be complicated. It can also take a long time, months or even years in some very complex cases. If matters are complex or you feel you need help, it's a good idea to talk to a solicitor as soon as possible.
Sorting out the estate when there isn’t a will
You should show them all the information and documents you have about the deceased person's property, belongings and financial affairs. In the meantime, it may be a good idea to put small valuable items away for safekeeping.
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To find a solicitor you can use the Solicitors Directory search facility on the Law Society of Northern Ireland's website. Usually a close relative like a spouse, child or parent will have the legal right to sort out the estate of the person who has died. In order to be able to administer someone's estate you normally need to apply to the Probate Registry for a 'Grant of Letters of Administration'. You can ask your solicitor to help you with applying for a grant or you can make a personal application. When you get the grant you become the 'administrator' of the estate.
The grant provides proof to banks, building societies and other organisations that you have authority to access and distribute funds that were held in the deceased's name. The overall process is often called 'obtaining probate', though technically this term applies where there was a will. If Inheritance Tax is due on the estate some or all of this must be paid before a grant will be issued. You can find out more at the links below. Also, a grant might not be needed if the whole of the estate is held in joint names and passes automatically to the surviving joint owner.
If there is no will, there are rules for deciding who will inherit the estate.
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It depends on the deceased's personal circumstances. The amounts shown below are for Northern Ireland deaths on or after 1 January If you weren't married or registered civil partners, you won't automatically get a share of your partner's estate if they don't make a will. If they haven't provided for you in some other way, your only option is to make a claim under the Inheritance Provision for Family and Dependants Northern Ireland Order Protecting your home and family with the right insurance policies.
Our guide will tell you what to do, and outline the ways you can do it. This can make sorting out their estate a bit more complicated.
Sorting out an estate without a will usually takes more time. So, the sooner you apply for probate, the sooner the you can distribute the estate to heirs. Using a probate specialist can also make the process of sorting out intestacy easier and a bit quicker, even for less complicated estates. If you do decide to use a probate specialist, you should budget for several thousand pounds for their services. If you decide to take on the job of administering the estate, you can still pay a solicitor for their time, if there are some things such as checking over the probate application, or working out how to distribute the estate.
The process of sorting out an estate without a will is almost the same as when there is a will. You can use our guide below to sort out the estate yourself.
If There’s No Will, Who’s the Executor?
There is also information and help about dealing with an estate without a will on the GOV. Specifically, you need to find certain documents and make copies of it. HMRC usually scrutinises joint accounts held by unmarried couples or other combinations e. This because the normal exemptions from Inheritance Tax might not apply, and that the surviving joint holder s could be liable for a certain amount of tax.
UK website has guidance on working out which part of the estate pays Inheritance Tax. This tax is due within six months from when the person died.
Preparing for grant of probate
So to help avoid paying this interest, consider paying some or all of the Inheritance Tax before you finish valuing the estate. These forms are available to download from the GOV. If the person died abroad, there are different forms to fill in. You can contact the Probate and Inheritance Tax Helpline for help in completing these forms.
What if there is no Will? | Public Trustee
Contact your local sheriff clerk to find out how much you need to pay and for help completing the forms. The Probate Office will also ask you to bring various documents such as the will and death certificate, when you go for your appointment. A grant of credit means that you can get probate first so that you can sell off the assets to pay the tax. You can then pay the various debts if any and the taxes due. If the assets are in the form of property or shares, you might need to sell this in order to pay off the debts and taxes.
The surviving husband, wife or civil partner who was still legally married to the deceased can inherit the estate. Close relatives such as surviving parents or siblings of the deceased could also inherit the estate in certain situations. For more details on working out how to distribute the estate according to the intestacy rules, visit the GOV.