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Being the executor for someone’s estate is often an overwhelming responsibility, mainly because it is very likely to coincide with the duration of emotional turmoil generally associated with bereavement. There are a variety of actions you might have to adopt to begin the process of setting the deceased person’s affairs in order. In the United Kingdom, if the will termed you as an executor, you might need a ‘grant of probate’ to start administration. If the deceased person died intestate, without a will or a will that is not legally legitimate, then close relatives can apply for a ‘grant of letters of administration’.

In instances where there are a number of executors, it’s fairly common for one to apply for the necessary grant and deal with the will solely, although up to four executors are able to apply for the grant collectively to arrange things together. A solicitor could be sought to make the application for the grant in your stead (although they might charge a fee for this service) and you can locate a solicitor who is experienced in probate on the Law Society website.

If you choose not use a lawyer, then there is a few aspects that you will want to take into account to help you find which forms you need to fill out. The primary issue is the place where the person died, since different forms are used in Scotland and Northern Ireland to the ones needed in England and Wales. The second issue is Inheritance Tax, which could be applied if the taxable value of the deceased’s estate is above the current 325,000 threshold. More information on inheritance tax and the appropriate probate forms you’ll require can be found on the Directgov website.

If an executor can not (or doesn’t want to) apply for probate, then they have the ability to designate another person (besides a solicitor) to submit an application for them instead. The designated person is known as the executor’s “attorney” and is required to fill out a PA1 form (in England and Wales), which must be forwarded to the Probate Registry in addition to a signed letter from the executor that expresses that they want the attorney to act on their behalf.

In case the deceased’s estate (that is the property being in their name solely) is worth 5,000 or less, following funeral expenses and, if applicable, debt repayment, then there is no fee to be paid out for a grant of probate. However, if their whole estate is worth more than 5,000 then a 90 fee could be incurred for application, except for when this charge will cause an executor financial hardship. During hardship cases you can request a ‘remission from payment’, in which you will need to submit extra forms (EX160 and EX160a) which are available from the Probate Registry.

During the period of the application process, it is advisable to make sure the deceased’s estate is covered by insurance. Any one asking to insure the estate will need to present an ‘insurable interest’ in the house, and usually a home insurance policy will be supplied in the names of the executor with any beneficiaries named as ‘additional insureds’. Since the probate process involves the issuing of legal documents, it can be rather extensive and this can lead to the house standing vacant for extended periods of time.

Because the house can not be sold before probate has been approved, based on the complexity regarding the estate, buildings can stand empty for many months (occasionally more than a year). The vast majority of insurance providers will not offer insurance cover if a property is left vacant for longer than thirty days at a time, yet it’s still crucial that you have unoccupied house insurance particularly when nobody is around to to do regular check to make sure that the property is secure.

When a person is deceased and the property is left empty while proceedings take place, this becomes an idea opportunity for the property to get damaged. The only way to protect any losses and further distress, is to obtain unoccupied home insurance to cover the duration of proceedings.

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