Probate can be one of the most stressful experiences that anyone can undertake in their lifetime. When a relative or partner passes away, there might be legal problems that have to be taken care of in respect of probate valuation, to help arrive at inheritance tax. The fact that now even modest estates are being caught by Inheritance Tax means that frequently the job of completing the many forms and collecting the information is being done by family members rather than by solicitors. This is exactly where we can help. Every probate is different and requires individual personal care and attention.

Another question people always tend to ask is at what stage does the house clearance get started?

If the deceased left a will, the executors named in the will have the authority to deal with the deceased's estate before obtaining a grant of representation.

Although a grant may be required to collect money from bank accounts, sell the house, and so on, the executors should be able to arrange the valuation and clearance of the deceased's personal belongings as soon after death as they wish.

If there is no will, the personal representatives do not – strictly speaking – have authority to clear the house before the grant of representation has been obtained.

However, in view of the fact that a grant may not be required at all, many personal representatives take a practical stance, and proceed with clearing the house without a grant.

Beneficiaries

In any event, we recommend that the personal representatives obtain the prior consent of all the main beneficiaries of the estate (the "residuary beneficiaries" if there is a will).

Clearing the deceased's house can be a difficult and emotive process, and every effort should be made to ensure that the beneficiaries – and close family members, if different – are agreed as to how to proceed.

A great guide if you are an executor and don't know where to start is on the HMRC site here.