Needs some guidance after a Death in the family

adwozere

My Mother-in-law has just had her Brother died suddenly, he was the last living member of her family but he never left a Will, He was never married and never had children so She has to sort all his affairs out.
As he didn't have a Will and he had a small flat, a year old car and savings, We are very unsure have we have to go about changing over his estate to my Mother-in-law.

PasturesNew

Were they the only two children? If there were other siblings, or children of other deceased siblings, they'd also be due a "share" of the estate.

She would need to apply for Probate. That is a form filling exercise to legally be able to deal with his affairs.

She needs to double check/look into getting insurance, just in case an illegitimate child she/he knew nothing about suddenly makes an appearance unexpectedly as they've had DNA done... there are insurance policies to cover the event of "we've paid out the estate - because we don't believe there is anybody else with a valid claim"... but "what if?"

adwozere

Yes only 2 siblings no one else involved, so applying for Probate, is that done using a solicitor?

McKneff

No will means probate is not required , Surely.
You apply for letters of administration

TonyMMM

You can do it yourself - it is quite straightforward, or she can employ a solicitor to do it for her ( or do nothing - she doesn't HAVE to do anything).

https://www.gov.uk/applying-for-probate

A there was no will - it will be an application for "Letters of Administration", rather than Probate, but same thing really.

adwozere

Thank you all for you help

badger09

I addition to applying for Letters of Administration, there are other things which need to be done fairly quickly.

You & mum might want to read this

https://www.moneysavingexpert.com/family/what-to-do-when-someone-dies/

No need to involve a solicitor. To deal with the Probate/letters of Administration process, you just need to be organised and keep a record of everything you do.

Plenty of help here if you/mum need it.

badmemory

As always on here some excellent advice. If you haven't registered his death yet then make sure you use the "do it once" service that is offered, this will stop any DWP payments immediately & prevent more than the small overpayment. Also look at bank statements for any payments that are means tested, that is not state pension or attendence allowance but is pension credit.

xylophone

Your mother may find having several copies of the death certificate will be helpful.

Presumably the flat is now empty.

It is likely that his flat was insured for contents/fabric.

Your mother should advise the insurers as soon as possible.

If her brother was in receipt of a pension (occupational/personal/state), she needs to advise the administrators.

She should also advise his bank (s) and any other savings institutions of his demise.

Did he own shares? If so, advise the registrar.

Re the car

https://www.gov.uk/tell-dvla-about-bereavement/keeping-the-vehicle

and advise his insurer.