Get a clear picture of the matter before choosing how to proceed
When a family member dies, important information, such as registration documents, bank passbooks and details of assets, may be held by different people. Preparing information before the consultation helps the adviser see who is involved, what needs to be checked and what information is still incomplete, without rushing to conclude who should receive how much of the property based on verbal accounts alone.
This guidance is for an initial consultation. It is not a filing checklist that applies to every court, and it does not confirm that every case requires petitioning the court to appoint an estate administrator. The procedure, who is entitled and any additional documents must be determined in light of the facts, the law and the authorities involved.
Organize information on the deceased and on the person seeking advice
Prepare the deceased’s name, date of death and the documents available, such as the death certificate, the house registration book and evidence of any change of name, as well as information on the person who will attend the consultation. Keep each person’s documents separate to avoid confusion where names are similar. If a name does not match across different documents, note the differences so that you can ask about verifying the link between them.
The website of the Lampang Provincial Public Prosecutor’s Office for Rights Protection and Legal Aid publishes, as an example, a list of documents relating to the deceased, the petitioner, the relatives, the will and the estate assets. The person concerned can use it to see which types of information are relevant, but the number of copies, the forms and the method of certification should be checked with the agency you will actually be dealing with before you put together the documents for filing.
Draw up a family tree based on the facts you know
Write down the relationships you know of, such as the spouse, parents, children and relatives who may be involved, indicating who is still living, who has died and the supporting documents. If there has been a marriage, a divorce, the legitimation of a child or an adoption, provide the facts and the documents you have. Do not rely only on what family members call one another to decide anyone’s legal status.
Where information is unknown or some people cannot be contacted, write that this is still being checked and explain what has already been checked. Do not leave names out to make the family tree look simpler. The family tree is a tool for telling the story, not a list concluding that each person is entitled to inherit or is the only person entitled. Leave the question of entitlement for the adviser to examine further.
State whether a will or related documents have been found
If you find a document that you believe to be a will, say who has been keeping it, how it was obtained and whether there is an original or only a copy. Keep it in its original condition, and do not add any text or write explanations on the original. If there is more than one, provide information on every one found so that they can all be reviewed, rather than selecting only the one your side considers beneficial.
If none has been found, state that none has been found in the places already checked, rather than asserting that there definitely is none. Assessing validity, the effect of a document or the relationship between several versions is a matter that must be examined case by case; it should not be decided by a downloaded template or by opinions in a group chat instead.
Keep the list of assets separate from views on who receives them
List the assets or rights you know of, such as land, vehicles, bank deposit accounts or rights in a business, noting the supporting documents, who holds those documents and what still needs to be checked. If there are debts, mortgage agreements or other people claiming related rights, include these as points to check as well. Do not write that an asset is free of encumbrances just from looking at some pages of a document.
This list is not yet a finding that all the assets belonged to the deceased, or a decision on how they will be divided. If an asset involves a spouse, a co-owner or a business, disclose the full details so that the basis of entitlement can be checked. Give balances or values only where you have a source and a date for them; there is no need to rush to value everything before the consultation begins.
Summarize outstanding matters and the questions you want answered
Before your appointment, write a short summary of when events took place, who is involved, any urgent matters or disagreements, and what you would like help in checking. State whether there are minors, people living abroad or documents that you have not yet been able to obtain. Do not have anyone sign a consent or waive their rights before they understand the effect of the document.
B Law Firm lists on its website services relating to wills and to petitions for the appointment of an estate administrator. The information you have organized can be used in the consultation to work out the steps that suit your actual situation. First confirm with the firm how documents should be sent, then send only as much personal data as is needed for the review, and keep a record of the documents sent and who received them.
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