Accessing the Deceased Person's Home
If you are (or are likely) to be the person who will take on the role of executor (if there’s a will) or administrator (if there’s no will) it’s important that you gain access to the deceased person’s home as soon as possible.
Secure the deceased’s property and other assets immediately (if necessary, photograph and document any valuables you have removed from the property). As the executor you are responsible for ensuring all assets are protected and accounted for.
Take out an insurance policy for the FULL value of any property and contents. If you don’t know the details of the deceased’s insurance provider, arrange a cover note with your own insurer.
It’s important to get access to the deceased person’s property as soon as possible to look for a copy of their will or other documents that may advise you where their will is being kept.
A will determines who has legal authority to make decisions, who is responsible for the care of any children, pets or business operations, plus details of any funeral directions or funeral insurance.
You can find more information about where to look for a will HERE.
It’s not unusual for beneficiaries to want (or try) to gain access to the deceased’s house to claim possessions, furniture and other items of either financial or sentimental value before the estate has been finalised or the value of the estate is established.
Removing items from the home can be considered illegal but managing highly emotional beneficiaries can also be difficult. As the executor ensuring beneficiaries have realistic expectations around this can go a long way to avoiding potential disputes.
If you think this might happen it may be appropriate to request all keys or change the locks to ensure nothing is taken from the deceased person’s home before the full value of the estate has been established.
We can help you navigate this and provide advice according to your particular circumstances.
Disclaimer: All estate management information provided in this document is general in nature and may not apply to your specific circumstances. Please seek independent, specific legal advice from Your Estate Lawyer for your unique situation.