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Intestacy and probate

2 replies

Tellmewhatyoureallythink · 04/09/2022 22:36

Hi, this might be a ‘how long is a piece of string’ type question but I’d appreciate any insights.

What is the process for disposing of an estate, specifically property, when a person dies intestate and without any living relatives remaining? I believe everything eventually goes to ‘the Crown’, but how long does the process take? I know that normal probate usually take 6-9 months but in this instance, who would appoint an estate administrator, would it be the local council?And would that make the process more drawn out?

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prh47bridge · 05/09/2022 00:31

If someone notifies the authorities and the estate is worth more than £500, it will be administered by the Bona Vacantia division of the Government Legal Department provided the deceased lived in England or Wales but not within the Duchies of Lancaster or Cornwall at the time of death. If the deceased lived in Scotland, the estate will be handled by the Queen's and Lord Treasurer's Remembrancer. If the deceased lived in Northern Ireland, the estate will be handled by the Crown Solicitor's Office. If the deceased lived within the Duchies of Lancaster or Cornwall, the estate will be handled by Farrer & Co. As for how long the process takes, there isn't really a simple answer to that question. Anyone claiming to be a relative entitled to inherit has 30 years from the date of death to make a claim, so the estate isn't really finalised until that time has elapsed. Of course, the process of identifying the assets, turning them into cash and paying off any debts will have been completed long before this.

Tellmewhatyoureallythink · 05/09/2022 20:44

Thanks for this, it seems to be a long drawn out process.

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