Many people are still unaware of probate which can be considered as a legal process that takes place when a person dies. This legal process includes:
- Providing in court the valid will of the deceased person.
- Identifying the property of a deceased person.
- Paying taxes and debts of the deceased person.
- Having the deceased person’s property appraised.
- Distributing the property of the deceased person as directed in the will.
Probate usually involves paper works which are done by probate solicitors. The solicitors and court fees are usually paid from the deceased person’s estate property which would otherwise ideally go to the people inheriting the property
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Death in a family is a tragedy which can leave you completely flummoxed. The magnitude of the loss is so overpowering that you won’t remember the important things you need to do.
One of the vital things you must attend to is register the death. You need to register a death within five days from the day of demise. Death registration is done in the registers office that covers the area where the person died. If you register it somewhere else, which is permissible under UK law, the process may get a bit longer. The hospital’s patient affairs manager can help you in this regard.
Most deaths are registered by a relative. If there is no relative the registrar would allow other people like someone present at the death, an occupant of the house or an official from the hospital to do the registration.
The documents mandatory for registering death is a signed medical certificate stating the cause of death. Other things which may be needed include birth certificate, marriage or civil partnership certificates and NHS medical card. Information like last known address, occupation at the time of death and whether the concerned person was getting state pension or not are also required.
The registrar will issue a certificate for burial or cremation, if a post-mortem is not being held. Also known as the “green form” it provides the application for cremation to be made or the consent letter for the body to be buried or cremated.
At the time of registration the registrar hands over a booklet about things to be done after death. It tells you on probate administration and other administrative issues that need to be attended to.
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It is often seen that when a person dies the rightful heirs don’t get a major chunk of the estate during probate. Your loved ones can not get access to your estate for a long time during the probate proceedings. If you don’t want your loved ones to face this problems you should take a few measures.
Estate planning is very important so that your near and dear ones don’t have to bear the cost of procrastination. The first thing to do is to mention the right beneficiaries in your life insurance and retirement account. When you provide correct information all your retirement fund, life insurance money and annuities will directly go to the beneficiaries.
Try to create joint accounts so that the joint tenants with the right of survivorship title get hold of the assets after your death. Ask your bank to put a Transfer on Death registration or Pay on Death designation. In both of the cases there is no need for probate.