A-Z Dealing with a Death in Rochford Essex Registration to Probate

Dealing with a death in Rochford & Rayleigh Essex: registration, funeral and probate.

This is what you need to know when dealing with a death locally.  It can be a daunting task, but our printable list of what to do and who to contact should make it much easier and avoid the legal jungles some folk land themselves in. many people will be able to manage the Probate side without professional help, but we can introduce you to tailored services should you need professional help – just call 03 300 102 300 or use the form at the foot of the page. At the time of writing, most probate registries are closed to the public and any executor who has already submitted probate applications and wishes for an update should see Probate delays before ringing the Probate Registry on 0300 303 0648. If it is probate forms you are after, you can download them here or call 0300 123 1072 (not us!)If you are appointed as Executor, but don’t wish to do it, there are two main options and it is a decision which needs to be taken quickly, as once you have held yourself out as executor by performing some of the executors duties, your only option is then to delegate as you can no longer resign.

• Renounce or take Powers Reserved     – give up all rights to act or reserve the right to return as executor.
• Delegate the work to a professional.

Wrong area? Where to Register a Death in other areas.

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• I have tried to cover the essentials on this page for other useful information and tips, try here or use the search facility.

A Medical Certificate of Cause of Death (MCCD or Green Form))

Delaying this will delay other things, if the death was in hospital, they may well provide it. If not, notify the deceased’s doctor and request the MCCD. If they haven’t seen the deceased within 4 weeks, or if the death was sudden they may refer it to the coroner, which may mean the funeral is delayed. If the death is sudden and unexpected you should contact the Police non-emergency service on 101 to be on the safe side, and always the deceased’s doctor. You can’t register a death in Essex until the Registrar has received the MCCD.

Who to Notify of a Death in Rochford.

One of the most important steps after someone dies is to inform their next of kin. This should be done as soon as possible, and all dependents/family members should also be informed. Ideally, a list should be in place long before: create a plan that outlines who you want to contact, how you want them to be contacted, what details need to be shared and when you will contact them. It may also help to create a physical list or a form with all the necessary details in case further discussions come up while informing people. The address book is the obvious place to look, though these days that might be computerised. Some families organise viewings of the body, but I would suggest these are restricted to adults (personal experience.)The executor should arrange to secure any valuables if the property is no longer occupied – we would recommend photographing everything before removing it.

(Placeholder for page sponsors banner – other Rochford Funeral Directors can list themselves at the foot of the page)

The next step is usually to appoint a Rochford undertaker to collect the deceased part 1 HOWEVER…

1) Thousands of pounds can be wasted if there was a prepaid funeral plan and the wrong funeral director is used.                       Find a funeral plan.2) If the death in Rochford has been referred to the local Coroner, you will need their agreement to move the deceased as they may wish to examine the body.  Rochford Coroners’ office is atEssex Coroners Service Ground floor Seax House, Essex County Council, Victoria Road South, Chelmsford CM1 1LX . Tel: 0333 0135 000 Fax: 0333 0133 926 Email: co*****@*******ov.uk.Speak to one of the Coroners’ Officers if this is the case.3)  Getting the body removed is less critical if they died in hospital, as they can normally be kept in the morgue.4) If the deceased lived in a care home, they will carry on charging fees (often over £1000 a week) until both the deceased and their possessions have been removed. Other residents do find it uncomfortable. A list of some of the Funeral Directors in Rochford appears at 12) below.5) Technically, appointing the funeral director is the job of the executor, so they should be involved if at all possible.  The person who appoints the funeral director can be held liable for the costs if the estate does not pay.6) TIP: banks, if asked in advance, will pay out funds to the funeral director if invoiced direct.  They will NOT release funds to reimburse the executor or family if they pay direct: they will have to wait until probate is granted (assuming it is needed) and claim as creditors.

Government help with bereavement.

Register a Death in Rochford  with the Registrar of Births, Deaths and Marriages within 5 days:

Once it’s been established who should register the death, the next step is to contact the Rochford Registrar of Births, Deaths and Marriages if the person died in Aldershot. You can register the death elsewhere, but the death certificate will always be issued where the deceased died, so there will be an additional delay. Registration is needed so that a certificate can be issued and used for important matters such as applying for probate and sorting out any property that was owned by the deceased. You’ll need to provide some personal details, such as their full name, date and place of birth, home address and whether they were married or not. The Registrar will also need to know where, when and how the death happened. What the Registrar needs to know (PDF download).Please note that the 5 days is NOT 5 working days, but a strict 5 days. You must contact the Registrar if it may be any longer unless the Coroner is reviewing the death. Not to resolve this is a criminal offence.We recommend taking advantage of the Rochford Registrars’ “Tell Us Once” service which will notify many official departments of the death and save time. This is an online service for which the registrar will give you an access code.

Rochford Register Offices – to register a death by appointment only within 5 days.

To make an appointment to register a death in Rochford. These are normally face-to-face in the Registrar’s office.  But do ensure you are the right person, and that you have the information that the Rochford Registrar of Births, Deaths and Marriages, and the MCCD has arrived. Copies of the death certificate are currently £11 each, and be sure to get several, as otherwise dealing with the estate can be handicapped by firms being very slow to return them, or just failing to do so at all.Contact the Registration Service to make an appointment: Email: re**********@*******ov.uk Telephone: 0345 603 7632.Rochford Registration Office, Rochford Library, 8 Roche Close, Rochford, SS4 1PXRayleigh Registration Office, Rayleigh Library, 132-4 High Street, Rayleigh, SS6 7BXPlease note that the 5 day period is consecutive days, NOT just weekdays. Unless the coroner is involved, contact the Registrar urgently as exceeding the 5 days is a criminal offence.You can visit another office in Essex ONLY without causing further delay in the death certificate being issued.

Please do use the  Tell Us Once Service.

Opening hours for appointments to register a death in Rochford: – by appointment only.

 

Link to videos of What to do after a death and of Tell us Once Service which advises Government related organisations of the death.

Find the Will, if there is one.

How to find a Will

The executor/s appointed in the Will are responsible for everything and should authorise and record anyone wishing to take anything with no intrinsic value as a keepsake, as it may not be allowed by the Will.   If there is no Will, then the next of kin can act as Administrator (essentially the same as executor). The next of kin is NOT a common-law spouse, who is in a complex situation and should take advice. Be very careful with potentially valuable items as their value needs to be established.

Use the form below if you would like an emailed copy of our Guide to Probate.

If professional help is needed, please contact The Probate Department (brokers) and we will find suitable help at a sensible cost (see the form at the foot).

Be aware that lay executors cannot charge for their time, but they can recover any money they have paid out of the estate and perhaps mileage and post costs – keep records.  One executor decided they needed a car to carry out their duties, which was considered quite unacceptable by the court, so be prudent. Professional help can be reimbursed by the estate before distribution.Some executors refuse to give copies of the Will to beneficiaries: it is my personal opinion that this makes people suspicious and may well lead to quite unnecessary legal action.

No Will? Then the Rules of Intestacy apply.

Then the next of kin can apply for probate if necessary, but they are called Administrators rather than Executors and who inherits is decided by the Law rather than the deceased or the family and disputes are even more likely, with dependants who are not legally family (such as common law spouses) having to go to Court to obtain anything.

WARNING: some executors or administrators think they can do whatever they think is best with the proceeds and ignore the Will or Rules of Intestacy. This is not so, and unless done in a legal fashion is potentially THEFT. They must do what the Will dictates, or follow the Rules of Intestacy. It is potentially possible to make changes via a Deed of Variation, but only if any beneficiary losing out is of sound mind and over 18. In that case, Court approval will be needed. We can point you at relatively inexpensive advice.

We strongly suggest contacting us to find a competent and relatively inexpensive probate professional if:

1. The person responsible does not have the necessary administrative skills. OR
2. Inheritance Tax may be payable OR
3. If there may be a dispute – I have seen so many families fall out over Wills, and it can often be prevented if they blame a probate professional!

Their services can range from just checking the forms to doing the whole thing, and we can usually save a great deal of money, often well over half.

Arrange a Funeral in A-Z Dealing with a Death then Probate in Rochford. Part 2.

Now it’s time to arrange a funeral in A-Z Dealing with a Death then Probate in Rochford. This is typically done by the family or (officially) the executor of the deceased, though you can appoint a professional funeral director to take care of this for you. You’ll need to decide on the type of service and burial or cremation, any special requests and who will be invited. You may also wish to contact newspapers or websites if you’re planning a public service. It’s important to keep track of your costs as they can be claimed back from the estate later.If you are not sure if the deceased left any funeral wishes, they are sometimes in the Will.There is a list of local funeral directors, cemeteries and crematoria below the enquiry form. Do use the form to let me know if I have missed any.

The Executor should Secure the Deceased’s Property and Possessions after a death in Rochford.

After the funeral and burial or cremation is complete, it’s time for the executor/s to start dealing with the deceased’s property and possessions.

• Especially if their property is no longer occupied, the insurance of both buildings and contents needs review, contact the insurers as claims on empty properties may not be paid. More on insurance for empty properties.
• You should also consider changing the locks as almost certainly, no one knows for certain who has keys. If it is rented, with the landlords’ permission or arrange for it to be valued and cleared quickly to reduce the rent payable..
• Secure any valuables if not already done – we would recommend photographing everything before removing it.
• Tracking down any assets that have been left in a Will, administering or arrange to be set up any trusts set up before death,
• You’ll need to contact banks, insurers, mortgage lenders and other companies if applicable.  You will need to establish date of death values for both assets and liabilities. HMRC must be informed of the death to ensure they deal with any relevant tax issues, but if the Tell Us Once Service was used, they will be aware..
• If Inheritance Tax is a possibility, we would strongly recommend that you contact us so we can find you a suitable adviser as things can get very complex and are urgent. For example, and gifts made within the last 7 years may be pulled back into the estate before tax is calculated.
• Unclaimed assets – many people have privatisation shares and other accounts which they have forgotten about so it is wise to check for unclaimed assets.
• BE VERY CAREFUL ABOUT WHAT YOU THROW AWAY!

Organise Financial Affairs with Banks, Insurance Companies and HMRC.

It is important to contact banks, insurance companies and HMRC as soon as possible after a person has passed away. This means organising financial affairs and dealing with any debts that may be outstanding.  For all assets or liabilities you will need a date of death balance, including any interest accrued but not yet added, so the executor might as well ask for it immediately. Obtaining probate (a legal document often required when administering an estate) can also help gain access to certain accounts. If inheritance tax is owed, it must be paid BEFORE probate is granted either from the estate or from the beneficiary’s own resources before inheriting or by way of a probate loan. If there is money in the bank or National Savings, then you may be able to arrange for them to pay towards the IHT before probate is granted.

Paying IHT        Is Probate Needed?        Are you entitled to Bereaved Parents Benefit? May apply to unmarried couples too – check.

Applying for Probate in Rochford or Letters of Administration.

Probate is not always required, but the executor should keep careful notes of all assets and liabilities, partly as they have to account to the residuary beneficiaries, and partly as one item may turn up later which cannot be released without a Grant of Probate/ Letters of Administration and if you have not kept the notes, you may have to do everything again!Forms to apply for probate can be obtained by calling 0300 123 1072. Whilst our site helps with DIY Probate:

DANGER: We strongly suggest contacting us to find a competent and relatively inexpensive probate professional if:

1. The person responsible does not have the necessary administrative skills.
2. Inheritance Tax may be payable OR
3. If there may be a probate dispute– I have seen so many families fall out over Wills, and it can often be prevented if they blame a probate professional!
4. If there are Trusts involved (whether in the Will or not) 0r overseas assets.
5. If there have been significant gifts made by the deceased within the last 7 years (sometimes 14). If these gifts are added back into the estate, might IHT be payable or increased?
6. If the deceased’s home has previously been transferred to anyone else but they carried on living in it.
7. If the Will is going to be unpopular, the Executor will be blamed – so no need to take the flak – let the professional take it!

Professional services can range from just checking the forms to doing the whole thing, and we can usually save a great deal of money, often well over half.These steps could well be of benefit to both Executors and Beneficiaries:

• If not already done, at this stage it is wise to open an executors account with a bank, as allegations of all sorts can arise if you pay any funds into your own bank account.
• Putting a notice in The Gazette and the deceased’s local paper to ensure that there is protection against unknown creditors. Where there is a business, advertising in the Trade Press may be appropriate as well.
• Searching for unknown assets such as privatisation shares, paid-up insurance policies (some insurance policies require no further payments after a certain age, so there may be no evidence of them on bank statements) etc.

Estate Administration

Once you have the Grant or Letters of administration (and you will need more copies than you expect) then you can gather in the assets, pay any outstanding debts, pay out the specific legacies such as £1000 or the mantle clock, get the estate accounts agreed by the residuary beneficiaries (they are the ones who get a proportion of the estate) and right at the end, once they have all agreed to the accounts, you can pay them.  You do need to be certain none of the beneficiaries are bankrupt, and if you fail to do so, the Trustee in Bankruptcy may come after you as the funds should have been given to the Trustee.All paperwork should be kept for six years.

DIY Guide or SAVE on professional help with Probate in Rochford

please call us on 03 300 102 300 or use the form below, and we will find you some economical help. Guides are emailed.

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10) Cemeteries and crematoria in Rochford: