Short answer: after a death, the person who has legal authority over the estate, usually an executor named in the will or an administrator, decides what happens to the home and its contents. Probate is the legal process of confirming that authority. Before clearing or moving anything, check with the executor, make a list of what is there, and take legal advice on timing. This is general information, not legal advice.
Why this is hard as well as practical
Dealing with a loved one's home combines grief with a long list of practical decisions. Slowing the pace is usually better than rushing, because some choices, such as giving away or selling belongings, are hard to reverse.
What probate is, and who is in charge
GOV.UK explains the steps after someone dies, including how a will is dealt with and how an estate is managed. In England and Wales, an executor named in the will, or someone appointed if there is no will, applies for the legal right to deal with the estate. See GOV.UK: Applying for probate. Scotland and Northern Ireland have their own processes and terms.
Sensible steps before moving or clearing belongings
- Ask the executor first. Do not remove, give away or sell anything without their agreement.
- Make an inventory. Photograph rooms and list valuables, paperwork and sentimental items.
- Keep the home secure and insured. Check with the solicitor or insurer about cover for an empty property.
- Check what happens to council tax. Rules and exemptions for an unoccupied property vary, so check with the local council.
- Agree who keeps what. Do this as a family where you can, and store undecided items safely.
When a partner or relative also needs to move
Often a surviving husband, wife or partner needs to move home at the same time, perhaps into something smaller. Our guide to downsizing step by step and sentimental belongings when downsizing cover how to decide what comes with you.
Where Chayce fits
Chayce helps older people and their families with sorting, packing, removals and settling in, including moving a surviving partner or relative into a new home. We are not a probate service, a house clearance firm or legal advisers, so for the legal side speak to the solicitor handling the estate. A Discovery Consultation can set out a realistic plan for the practical side. To talk it over, get in touch.
Sources
Rules, thresholds and fees change. This article is general information, not legal or financial advice.
