1. Notify the relevant authorities: When someone passes away, it's important to notify the appropriate authorities, including the local registrar of births, deaths, and marriages. This step is crucial for obtaining the death certificate. The death must be registered within eight days. This can be done at the local registrar's office. The death certificate is a vital document that will be needed when dealing with the deceased's estate.
2. Arrange the funeral: Organising a funeral is a significant aspect of honouring your loved one's memory. You may want to consult their will or any pre-arranged plans for guidance on their funeral preferences.
3. Handle the deceased's estate: Dealing with the deceased's estate involves managing their assets, debts, and legal matters. This includes:
- Obtaining confirmation (Probate): If the deceased left a will, the executor must apply for Confirmation (equivalent to probate in other jurisdictions) from the Sheriff Court. This is a legal process that allows the executor to administer the estate.
- Intestate succession: If there's no will, the rules of intestate succession determine how the estate is distributed. Spouses, children, and other relatives may have rights to a share of the estate.
- Gathering assets and settling debts: The executor is responsible for identifying and valuing the deceased's assets and settling any outstanding debts, including taxes.
4. Notify relevant parties: Notify banks, insurance companies, pension providers, and any other relevant organisations of the death. This will initiate the process of transferring or closing accounts and policies.
5. Distribute the estate: Once all debts have been settled and assets identified, the estate can be distributed to the beneficiaries according to the terms of the will or the laws of intestate succession.
6. Seek professional legal assistance: Dealing with legal and administrative matters after a loved one's passing can be overwhelming. This is where Lows Orkney comes in. Our experienced legal team specialises in guiding you through the complexities of the process, providing you with peace of mind during this difficult time. We understand the legal nuances of handling estates in Scotland and are here to support you.