Who is responsible for dealing with the deceased’s property and other assets?

The responsibility for dealing with a deceased’s property and other assets falls on the personal representatives of the deceased’s estate. If there is a valid Will, this will be the executor and a grant of probate may need to be obtained. If there is no Will, it will be the administrator. The administrator will only gain authority to deal with the estate once they have obtained a grant of representation. However, in some situations it might be necessary to take some steps very quickly after a person has died to secure a property or deal with pets or livestock.

If there is a Will, the deceased’s assets must be distributed in accordance with that Will. If there is no Will, the estate will need to be distributed according to the strict “Rules of Intestacy” which will see the estate pass to entitled relatives. This should always be checked to make sure that every person who is entitled to a share is included.

Depending on the circumstances, inheritance tax may need to be paid before any grant can be obtained. Sometimes this can be paid from the deceased’s own bank account but if the main asset is the house, then inheritance tax might need to be paid by installments – although interest will be added to the unpaid tax due.

The role of a personal representative is not necessarily straightforward, it can be time-consuming and there is financial and legal responsibility for the assets in the estate being correctly distributed and in a timely manner. Sometimes, a person appointed as an executor or a person who could apply to be an administrator does not want to accept the role – this means they can renounce their entitlement to take out a grant but it is essential that they have not already taken steps to administer the estate which would be termed “intermeddling” with an estate. This can be a trap for those unaware of the rules and it is advisable to check with a solicitor before any steps are taken.

How is property dealt with?

If in the sole name of the deceased a grant will be needed to deal with property. If it is to be transferred into the name of the beneficiary(s) then the personal representative can assent the property into their name(s).

Where the property was co-owned, it’s necessary to check whether it is owned as beneficial joint tenants or tenants in common. Irrespective of the wishes in the Will or the rules of intestacy, if the property is owned as joint tenants, the property will pass directly to the co-owner and a copy of the death certificate together with the appropriate form can be sent to the land registry to remove the deceased’s name from the proprietorship register.

If the property was owned as tenants in common, the deceased’s share will form part of their estate and will need to be dealt with in line with their Will or the rules of intestacy. If the estate is being left to the co-owner, then the appropriate form will need to be sent to the land registry.

If the share in the property is left to a beneficiary(s) other than the co-owner, the co-owner will need to deal with the paperwork to show the beneficiary’s name on the title deeds.

For assistance please contact our probate department.