Executries: Expert Estate Administration Services
Dealing with an Executry (the Scottish legal term for probate or the administration of a deceased person’s estate) can be an overwhelming and emotionally draining task. Even where a Will exists appointing Executors, they often require professional assistance to navigate the legal process.
At Neilsons, our experienced team can take the worry out of your hands and wind up an estate quickly and efficiently, keeping the Executor updated throughout the entire process.
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The Process
Comprehensive Support for Executors: We guide Executors through every stage of the estate administration process, which can often be lengthy and complex, especially when there is no Will. We ensure all legal requirements are met.
Our Core Services Include:
- Valuing and Ingathering Assets: Identifying and accurately valuing all property, finances, and possessions.
- Liaising with Authorities: Communicating with HMRC (Her Majesty’s Revenue and Customs), local authorities, and financial institutions.
- Obtaining Confirmation: Securing the formal legal document (the Scottish equivalent of probate) required to deal with the deceased’s assets.
- Payment and Distribution: Ensuring all debts and taxes are paid, and the remainder of the estate is distributed correctly to the beneficiaries.
Flexible and Compassionate Pace: We understand this is a highly distressing time. Apart from registering the death within eight days and paying any Inheritance Tax within six months, there are no strict time limits for the general administration. We will proceed at whatever pace you are comfortable with.
What To Do When Someone Dies
Bereavement is a very distressing time, and knowing the initial legal steps can provide some clarity. Here is an outline of the first procedures involved:
The law requires the death to be registered within eight days. Registration can be carried out in any Registry Office (by appointment). If possible, take the deceased’s birth/marriage/civil partnership certificate and NHS medical card.
The Registrar will give you the necessary forms, including the “Green Form” (334 S1), which you give to your Solicitor, and the “White Form” (Form 14) for the undertaker. Crucially, you should purchase at least two full Death Certificates for use during the administration of the estate.
You should contact us as soon as possible to establish if the deceased made a Will, as it may contain specific funeral instructions that must be implemented.
The undertaker’s account should be settled from the deceased’s estate. Banks will usually settle the undertaker’s account directly before Confirmation is obtained, provided there are sufficient funds. Any accounts for funeral teas should be settled by the family initially, with receipts sent to us for reimbursement when funds are available.
Whilst some people want to deal with things quickly, others find it difficult to assemble the relevant paperwork immediately. We completely understand if you need time to come to terms with your loss. Don’t worry if you find everything confusing; we can go through the papers for you or with you at the property.