Dealing with the loss of your loved one is an emotionally wrecking process. It becomes even more stressful when you have to deal with your deceased estate property. Not only you will have to cope with your stress but you should also ensure that the paperwork is done accurately. And this is where you can rely on professionals as you can’t pack up your deceased estate’s property by yourself.
Experts prepare you to deal with selling procedure by suggesting you to collect all the documents required before the selling process. And if you are not sure what legal papers you need to have, we have prepared a list that gives you a head start:
1. Death certificate:
The first and important thing on the list of legal documents is the death certificate. It is an official document that confirms the death of your loved one. It consists of the date and time of the death which will be very important in claiming life insurance. It will surely be required in legal matters after the death of your loved one.
As per the rules, it’s an obligation to register the death within 21 days of its occurrence. If you are late by more than 21 days, then you will be charged more and liable for more paperwork. A death certificate is issued by the Municipal Corporation after proper verification.
The Will of the deceased may not be that important but the death certificate is. It is required by many institutions like banks, insurance companies, etc. So, make sure that you register the death of your loved one to get the death certificate. The process of getting a death certificate changes, depending upon the nature of death.
If the person’s death has taken place due to illness or old age, it might take less time. But, if the death has taken place due to some accident or murder, then it might take more time. Also, a copy of FIR will be required while claiming for a death certificate.
During this process, a need for you to run around might be required, so be patient and start the process as soon as possible.
2. Grant of probate:
Many people write their Will but do not register it. Because the Will is unregistered in the registrar office, its authenticity will be questioned. If two parties claiming for a Will, they will try to prove in their favour. They will challenge each other’s Will saying that its fake.
All these things happen when the Will is not registered in the registrar office. In this case, you will need to take “Probate of Will” from the court. Probate means to confirm that the Will of your loved one is bona fide. So, if you want to sell a deceased estate, you will need probate from the court. To get the grant, you must show the belowgiven documents to the court:
- Document saying there are no later Wills
- The deceased person’s age was 18 or more when the Will was signed
- The deceased was in a sound mind during signing the Will and it wasn’t signed under any pressure
- The Will signed was as per the law
For this, you will need to hire a lawyer and pay certain fees. One most important thing to consider is that you cannot make the application within the 14 days of the death of your loved one.
Probate will have a seal of the court on it with the attached copy of the Will to it.So, if you are planning to sell a deceased property, get the probate of your Will from the court to avoid complications later.
3. Letters of administration:
If your loved one has died without writing a Will, then you need to apply for the letters of administration. It is required to appoint an administrator to dispose of the property of the deceased. The immediate family member like a spouse, a child can apply for letters of administration in the court. For that, you will need to hire a lawyer and arrange the following documents:
- A proposal for letters of administration
- An affidavit from you as an applicant along with a statement of the deceased’s assets and liabilities
- Letters of consent (if any) from the beneficiaries of the estate who aren’t applying
- Death certificate of the deceased
- The filing fees
If all the required documents are presented to the court, then you will be granted the letters of administration. After that, you will be liable to sell the estate property.
4. Succession certificate:
You will need to apply for a succession certificate for the deceased’s debts and securities when there is no written Will. Or, when your name is not on the nominee list and you want to claim the estate as a legal heir. For this, you need to bring a succession certificate from the court which will be considered as valid proof.
The succession certificate will be issued by the judge of the district court. To attain the certificate, you will need the following documents:
- A copy of the deceased’s death certificate
- Address of the deceased’s residence before death
- Name, address, other details along with the legal documents of the legal heir
- No objection certificates
- List of debts and securities for which certificate is being applied
With the help of a lawyer, you will need to file a petition along with the above-listed documents. There is a certain court fee also which you will need to pay. Then, the court will put a notice in the newspapers inviting objections, if any. If there are no objections, then you will get the succession certificate.
Selling the property of your loved one will be challenging and time-consuming too unless you know the ins-and-outs of the process. The above-listed documents will speed up your process and give you a sigh of relief. However, this is just a piece of information for your reference, you can hire a relevant lawyer who will provide you further guidance and support.
Erika Rhein, a professional writer and blogger by profession. I write on various niches, however, I prioritise writing on deceased estate property services. I always strive to provide users with useful and informative articles in a readable format. I aim to achieve a difference through my writing.