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Guide to sorting out property after a death

Property owned or rented by someone who has died is usually one of the most important things to deal with. It can be important for practical reasons, for example if family members still live in the property, or for financial reasons.

Inheriting private property

When you inherit a property, some decisions have to be made – you may wish to sell it, rent it out, or live in it. You'll also need to know if there'll be any tax to pay on the property. If you inherit part of a property you'll need to take joint decisions with the other owner(s).

Dealing with the deceased's rented home

What to do when a tenant dies depends on whether their home belongs to the council or a private landlord. It also depends on whether or not the deceased was sharing the rented home with others.

Valuing someone's estate for Inheritance Tax

When valuing a deceased person's estate you need to include assets (property, possessions and money) they owned at their death and certain assets they gave away during the seven years before they died. The valuation must accurately reflect what those assets would reasonably fetch in the open market at the date of death.

Inheritance Tax

Inheritance Tax is the tax that is paid on your 'estate'. Broadly speaking this is everything you own at the time of your death, less what you owe. It's also sometimes payable on assets you may have given away during your lifetime. Assets include things like property, possessions, money and investments.

Paying Inheritance Tax

If you have been nominated as someone's personal representative you need to value all of the assets (property, possessions and money) that the deceased person owned, to work out whether any Inheritance Tax is due. Inheritance Tax is only payable if a deceased person's estate is worth more than £312,000.

Making a will

If you care about what happens to your property and possessions after your death, you should make a will. Although you don't have to, it is the best way to make sure your estate is passed on to family and friends exactly as you wish.

But if you die without a will, your assets may be distributed according to the law rather than your wishes.

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