Page 4 - A Guide to the Executry Process
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INHERITANCE TAX GUIDE
AFTER A DEATH
What dates and timescales are appropriate?
What notices are to be placed in the papers?
Is the service to be conducted by a minister or priest?
Would a humanist ceremony be preferred? Are there relatives to be informed?
What arrangements for flowers should there be?
Is there to be an address by a friend or relative?
Where will everything take place?
What are the costs likely to be?
But eventually all these decisions are made, and many Scottish funerals follow a
similar pattern – so lots of help on the arrangements is available.
Stage 6 - Dealing With the Property of the Deceased.
How things proceed now depends on whether there is a will or not. (See stage 3
above) Up to now – all the work can safely be done by next of kin. From this point
on we would not recommend anyone proceeding further without legal advice.
Personal legal liability rests with anyone taking the remaining steps and making
mistakes can be costly. We suggest you call 0800 152 2037 for one of our packs and
let us help you through the rest of the process.
Stage 7 - Appointing an Executor.
An executor must now be appointed. The executor is the person eventually entitled
to distribute the estate of the deceased. The process of becoming formally appointed
is a court process – application is made to the local sheriff court in the sheriffdom
where the deceased had his or her residence. The executor is either nominated in the
deceased’s will or usually is the nearest next of kin to the deceased.
Stage 8 – Investigating the Estate
The executor must investigate what assets were owned by the deceased. This maybe
a house, bank accounts, shares, pensions or investments. The various banks or
insurance companies etc. must be contacted to advise them of the death. Most
executors prefer a solicitor to deal with this correspondence. A list of all the
deceased’s assets with their value at the date of death is prepared. A note of all the
debts due must also be identified. If there are funds in a bank account then the bank
will be happy to release a cheque to pay the funeral director at this stage. If there is
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