Winding up a deceased person’s estate can often seem a daunting process, especially when grieving the loss of a loved one. Executry (known as probate south of the border) can be complex. At Hunter & Robertson, we offer practical guidance and assistance to executors and next of kin tasked with administering a deceased person’s estate. We take a diligent and personal approach throughout the entire executry process, from ingathering assets and organising valuations to making court applications and assessing tax liabilities.
What is executry?
Executry is the process of winding up the estate of someone who has died. The executor, who will either have been named in the deceased’s Will as being their representative or appointed by the court, must be granted permission to begin the process of by the courts. Once permission is given, the executor can start winding up the estate, which involves:
- ingathering all property left behind, including all money, property and belongings;
- settling all outstanding liabilities; and,
- distributing what is left, either according to the terms of a Will or the rules of intestacy (where someone dies without a Will).
How long does winding up an estate take?
How long it will take to wind up a deceased’s estate depends on the size of their estate and whether or not they made a Will. However, it must also be borne in mind that the executry process is subject to time limits in respect of claims being made by surviving relatives or cohabitants and the liability of the executor in the event that a mistake is made.
Can a beneficiary in an estate be an executor?
Yes, a beneficiary in an estate can be an executor. In many cases, the deceased will have appointed a beneficiary as an executor in their Will to ensure that their loved ones remain in charge of administering their estate. Even where the deceased did not leave a Will, their surviving spouse or civil partner, or another person entitled to inherit, may apply to the courts to be appointed an executor.
Do I need a lawyer to wind up an estate?
Although it isn’t always necessary to instruct a lawyer to wind up an estate, they can offer guidance and take on some of the burden. Our specialist private client team offer support throughout the entire process. For instance, we can assist by compiling an inventory and arranging a valuation of the deceased’s property, as well as making the necessary court applications.
Contact our Estate Administration (Probate) Solicitors Paisley and Glasgow, Scotland
Our firm’s expertise in this area is extensive, delivered by a private client team with over 127 years of combined experience, our personal approach has resulted in repeat business through family generations. We offer expert assistance with the administration of a wide range of values of estates, many worth more than £1m. For more information, please contact us on 0141 889 3196 and ask for one of our team John Armit or Stuart Gibson or fill out our online enquiry form.