The following
checklist will be helpful to prepare for your first appointment with a lawyer
who is working with you to administer an estate when there is no Will.
They might ask you
for some other things, but this is a good start point:
- Full name, address, and date
of birth of the deceased.
- Date of death and copy of
the death certificate.
- Full details of all family
members of the deceased. It is helpful if you can draw up a family tree.
- Names, addresses and contact
details of the family members.
- Details of the deceased's
assets which could include things like house, bank accounts, shares and
other investments.
- Details of any debts the
deceased may have such as Credit cards.
- Funeral expenses.
- What property, such as a
house, is jointly owned with someone else.
- Details of the deceased's
income such as pensions or dividends.
It is worth getting
what paperwork you can together on all of this before you speak to the lawyer
so that you can, for example, give a good idea of what bank accounts there are
and how much is in them. But do not delay in instructing a lawyer while you do
that because much of it will be obtained during the probate process. The first
discussion with the lawyer is just to give them the basic details and an idea
of the estate.
The family tree is particularly helpful when there is no will because the deceased's assets still must be distributed under the authority of Letters of Administration that the lawyer can obtain. But the estate must be distributed to certain family members following strict legal rules known as the rules of Intestacy. To apply those it is important to know about all family members, including those who may have lost touch with each other.