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After tax

Winding Up An Estate, Glasgow

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If you are responsible for winding up an estate in the UK, there is a set process to follow. Our experienced team will be there to guide you through the procedure step by step.

The process to be followed when winding up an estate depends on whether or not the deceased had a valid Will at the time they died. Generally, you can expect to follow these steps when winding up an estate:

  • – Find out if the deceased left a Will
  • – Find out information about the estate
  • – Apply for Confirmation/probate
  • – Ingathering/realising estate assets
  • – Finalise estate

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Contact us for a confidential discussion about your case.

Find out if the deceased left a Will

  • There may be a copy of their Will among the deceased’s financial papers. The Will states who the deceased wished to be their Executor. An executor is responsible for finding out information about the estate and distributing it in accordance with the terms of the Will.
  • If the deceased did not leave a Will in Scotland, you will need to apply to court to be appointed as Executor. There are rules setting out who has priority to take the role as Executor. In England, a separate application would be made for a letter of Administration.  This falls onto the most “entitled” inheritor to apply to become the administrator.  This is the closest living relative – normally the husband, wife or civil partner (even if you were separated), followed by any children 18 or over (including legally adopted children but not step-children).

Find out information about the estate

The Executor will need to obtain date-of-death valuations for all items in the deceased’s estate. This includes houses and other land, bank accounts, shareholdings, jewellery and other assets, as well as any debts. The Executor can then complete an inventory of the estate.

Apply for Confirmation/probate

  • Once all details are known about the estate in terms of assets and liabilities, an application for Confirmation  (in Scotland ) or Probate (in England and Wales) can be drafted. If the estate is taxable for Inheritance Tax these forms will also be drafted at this stage.
  • Once the forms have been approved by the Executor, they will be sent to HMRC if tax is payable and then sent to the Sheriff Court (Scotland) or Probate Registry (England and Wales).

Ingathering/realising estate assets

Once Confirmation/probate has been granted, the Executor can gather the assets. If the house is to be sold/transferred, this can now take place.

Finalise estate

Once all the funds have been gathered, the Executor can pay out the estate. Any debts are paid first, such as household bills, department of work and pension claims, outstanding credit card balances and any funeral expenses that have not already been settled. 

Then they can payout to the beneficiaries. If there is a Will, this will state how the estate is to be paid out. If there is no Will, the beneficiaries are determined by law (known as the laws of intestacy).

At Jones Whyte, we realise that acting as an executor can be a stressful experience. That’s why our lawyers for winding up an estate are here to support you.

Winding up an estate – your questions answered

You will likely have many questions when you are an executor. Our dedicated solicitors will be on hand to answer them. The most common questions are:

  • How long does it take to wind up an estate?

This depends on the complexity of the estate. On average, it takes around six months to wind up an estate.

  • How much does it cost to wind up an estate?

This varies depending on the value of the estate. There are no court fees on estates worth less than £50,000. On estates of between £50,000 and £250,000 the fee is £261. Court fees on estates over £250,000 will be £522.

  • What support is available?

We understand that winding up an estate is a stressful time. Our empathetic lawyers will be available to support you throughout the process.

Other services

At Jones Whyte, we offer a wide range of family law services.

These include:

Contact Jones Whyte today if you are facing any issues with wills and probate.

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