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If an unmarried/unpartnered estranged parent dies in prison without a will, whose responsibility is it to distribute the estate?

8 replies

GreenBiscuitr · 05/02/2023 14:55

Myself and my siblings are estranged from our df. How is the estate usually dealt with in circumstances like these?

OP posts:
illiterato · 05/02/2023 14:58

The state will deal with it. Any assets will go to you and your siblings.

DisplayPurposesOnly · 05/02/2023 15:03

www.gov.uk/applying-for-probate/if-theres-not-a-will

Fenella123 · 05/02/2023 15:06

www.thegazette.co.uk/all-notices/content/104036

i.e. you CAN apply to be the executor if you're a relative, but you don't HAVE to, and a rule of thumb is, if there's no reason you would want to, just don't.

One thing if Dad dies in prison while owning a small rural bungalow (with 3 million under the floorboards!), quite another if he leaves only debts and a hoarder's paradise of a rented bedsit. :/

I'm not aware that dying in prison makes much of a difference to the above but not a lawyer.

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TheFretfulPorpentine · 05/02/2023 15:28

The fact that he died in prison makes no difference to the distribution of his estate. But if you have not been in contact with him, how do you know there isn't a will?

Fenella123 · 05/02/2023 15:42

TheFretfulPorpentine · 05/02/2023 15:28

The fact that he died in prison makes no difference to the distribution of his estate. But if you have not been in contact with him, how do you know there isn't a will?

Good question! Might just be a best guess, if the man is / was illiterate or just had never ever been known to do any sort of paperwork or forward thinking.
Just a tough situation all round, regardless:[

MrsClatterbuck · 05/02/2023 17:07

If he died without a will that is intestate then Letters of Administration as opposed to a Grant of Probate are required with someone appointed as an administrator. I think this is done by the court. Process can be done by a solicitor. It depends on the value of the estate whether this worth pursuing.

Tiani4 · 05/02/2023 17:37

He's your father so you can apply to be executor for/ do probate if there is no one else in better position to do it

You don't have to pay for funeral as you can ask public health to arrange funeral and they'll take it out of estate as the first charge.

As his children unless he was married, you and your siblings / his other children will benefit from what was in his estate if there is anything- it gets shared by very set rules

Did he have property or assets, I note he was in prison so may not have had?

www.gov.uk/applying-for-probate/if-theres-not-a-will

www.funeralguide.co.uk/help-resources/arranging-a-funeral/what-is-a-paupers-funeral-public-health-funerals-explained

Tiani4 · 05/02/2023 17:38

I may have used the wrong term as it may be letter of administration but either way the weblinks above are good ones

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