The Estate


How do you sort out the estate of the deceased?


When a person dies somebody has to sort out his or her estate. Their estate includes their money, property and the possessions they’ve left. If you are the person doing this you will need to collect in all the money, pay any debts and share out the estate to those people entitled to it.


You can pay a solicitor to sort out the estate for you. If you don’t already have a solicitor ask friends if they can recommend one and when you do contact them, ask about their charges.


How do you apply for probate?


To sort out someone’s estate, you may need to apply for probate. The Probate Office will give you a grant of probate if the person left a will, or will grant letters of administration if there isn’t a will.


Your local Probate Registry will send you the forms you need with notes and guidance on what you have to do.


You can contact them on Sheffield Probate Registry, P.O. Box 832, The Law Courts, 50 West Bar, Sheffield S3 8YR DX 742916 Sheffield 6. Telephone: 0114 281 2596


The Sheffield Probate Registry is open to the public from Monday to Friday between 9.30am and 4.00pm and appointments for interview are arranged between Monday and Friday between the hours of 10.00am and 3.30pm, depending on demand.


What does a grant of probate or letter of administration allow you to do?


A grant of probate or letters of administration is a legal document allowing the person(s) named in it to collect and distribute the estate of the deceased. You can show it to organisations that hold these assets, such as banks or building societies.


Is a grant of probate needed in all cases?


Not always. Probate isn’t usually needed to release assets held jointly with another person, for example where:


• a home is held in joint names and is passing by survivorship to the other joint owner, or


• a joint bank or building society account is held. In these cases production of a death


certificate may be enough for the monies to be transferred to the joint holder


Certain institutions may release monies without a grant being produced if the amount held by the deceased was small. You will need to apply to the institutions to see if they will release monies without a grant. The probate registries will offer procedural guidance on how to obtain a grant but cannot provide legal advice.


You will receive the leaflet PA2 “How to obtain Probate” when you apply.


What do you do if there’s no will?


If someone dies without making a will, they are said to have died ‘intestate’. If this happens the law sets out who should deal with the deceased’s affairs and who should inherit their “estate”. Assets held in joint names usually pass automatically to the other joint owner.


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Dealing with the estate when there is no will can be complicated and can also take a long time in very complex cases.


Sheffield Register Office Bereavement Guide


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