Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

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Experienced Executry Lawyers Edinburgh

Dealing with family or friend bereavement is a traumatic experience. With the administration task of winding up an estate it can be a very stressful and overwhelming task. At Jones Whyte, our team of experienced and approachable private client solicitors will guide you through the entire process.

What is involved in the process of winding-up an estate in Scotland?

In order to begin the process of the administration of an estate it is essential to have a death certificate as well as the deceased’s Will. The Will of the deceased will specify who was appointed as the Executor of the estate. If there was no Will the estate in regarded as intestate and an application to the local Sheriff Court will need to made in order to appoint someone as the Executor of the estate.

Once the executor of the estate in known or established, an application is made to the local Sheriff court in order to obtain a confirmation. A Confirmation will be required in order to allow the executor to ingather the assets of the estate. Once all the assets are ingathered, debts and any taxes are paid before the distribution of the estate takes place.

How long does it take to wind up an estate?

It is difficult to determine how long exactly it will take to complete the administration of the estate. Timing depends on the assets of the deceased as well as whether it falls below or over the inheritance tax threshold. If the deceased’s estate is reasonably straightforward, it is possible to settle the estate within six months. If on the other hand the estate is quite complex, timing will vary and sometimes it can even take up to two years before everything is settled.

The process of administration of an estate can be difficult and not everyone will wish to undertake the task. At Jones Whyte, we can act as the estate administrator on behalf of deceased or the nominated Executor.

We have vast experience in dealing with all aspects of executry work including the following:

-Preparation of all paperwork including executry petitions and IHT forms;

-Confirmation and valuation of assets;

-Ingathering the deceased’s assets and transferring them to the beneficiaries;

-Payments of any potential debts, including mortgages;

-Preparation of deeds of variation;

-Settlement of the estate;

-Setting up and administration of trusts;

At Jones Whyte, we understand that it is a difficult time and therefore we can handle the executry work for you, ensuring that the entire process of the winding-up of an estate runs smoothly. We have vast experience in handling all matters arising from the death of a family member or a friend in a timely manner. 

To discuss administration of an estate, please call our office on 0131 278 3423 or contact us here.

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