The short answer is no.
If the estate is small (less than £36,000) and there is a will it can all be done without the need of a solicitor, but it can be complex.
For advice on all aspects of winding up the estate of a deceased person in Glasgow, or throughout Scotland contact us today.
Here is what needs to be done to wind up the estate of a deceased person:
- Obtain copies of the death certificate.
- Review the deceased's will, identify the executors of the will and check they are able and willing to act.
- If the deceased didn't leave a will ascertain who can act as executor (usually the spouse or next of kin)
- Identify the deceased’s assets (and liabilities)-e.g. house (and mortgage), car (and loans), bank accounts (and overdrafts), credit card accounts, investments, insurance policies etc.
- Advise banks, insurance companies etc. of the death and have the assets valued.
- Prepare an Inventory deceased's assets and liabilities. Send it to the executor for approval.
- If the estate appears to be worth more than £325,000 make arrangements to borrow funds to pay the inheritance tax liability before Confirmation can be issued.
- Pay the Inheritance Tax.
- Complete the Sheriff Court forms and submit them to the Sheriff Court. Arrange and prepare a Bond of Caution if there is no will.
- When the Certificate of Confirmation is received from the Sheriff Court send it to each bank or company holding the assets. A withdrawal authority signed by the executor who have obtained the grant ('proved' the Will) will have to be submitted to the appropriate financial institution and final income tax certificates and closing statement should be requested. In return, the organisations will release the deceased's assets to the executors and close or transfer the deceased's accounts and files.
- Deal with Inland Revenue questions concerning the values of assets or liabilities of the estate. Agree final figures with them. Report any additional assets or liabilities that have come to light since Confirmation was granted.
- When all the assets are collected and 6 months have passed since the date of death, pay the debts, including any unpaid income tax and capital gains tax relating to the deceased's income up to the time of death.
- Prepare an income tax return and complete it with details of the income of the estate to the end of the tax year during which the deceased died. Pay any tax due.
- Complete and submit Capital Taxes Office for Form IHT30 (Application for formal discharge from Inheritance Tax); await the discharge certificate from the Revenue.
- Pay any specific legacies. Obtain a Distribute the estate to the beneficiaries. Obtain a formal discharge from each beneficiary
- Obtain discharge of Legal Rights if required.
- Draw up estate accounts for approval by the executor and residuary beneficiaries. Issue Inland Revenue Form R185 (Estate Income) to the residuary beneficiaries showing their shares of the income of the estate and the tax deducted from it during the tax year.
- Cheques representing the distributions for the residuary beneficiaries can now be sent out. A receipt should be obtained from each beneficiary. In some cases interim distributions may have been paid at an earlier stage, but only if the executors were certain that there would be sufficient assets to pay all the liabilities.
- When all cheques have cleared, close the executors' account.
- The administration of the estate is now complete. All accounts should be saved for 12 years
“The most professional, proficient and helpful company I have been lucky enough to find and to use their services” G.Will
Wilson & Fish Expert Executry and Probate Solicitors Glasgow, Scotland
Contact us today on 01412227951 or fill in our online enquiry form for advice from our solicitors on any aspects of executries / probate. Based in Glasgow, we help clients throughout Scotland including Ayrshire, Edinburgh, Aberdeen, Dundee, Paisley, East Kilbride and Stirling.