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What happens if there is no NOK or executor?

If you are not aware of any NOK or executor, you will be able to make an enquiry with Probate Registry to assess if a grant for Probate has been taken out – https://probatesearch.service.gov.uk/

If family members or friends that wish to deal with a person’s estate where a Will was not left, they can apply for probate –

https://www.gov.uk/wills-probate-inheritance.

If granted probate, they should be advised of the termination of the contract process and an expected key return date should be agreed.

If there is no NOK, no executors, no one wishing to apply for probate or no one entitled to apply for probate, the contract will automatically end one month after the date of death. Items in the property will be stored for 7 days and it is important to ensure all contact with any external agency is made, to confirm any other NOK.

 Considerations

If a contract holder dies owing rent arrears, these do not become the responsibility of a successor unless there is a live court order in place at the time of the contract holder’s death, in which case the successor is bound by the terms of the order and the Community Housing Team will need to write to the court to advise them of the change in occupation contract name.

A warrant for eviction can be applied for should the successor breach the order.

Garage licences cannot be succeeded to however we may consider providing a successor with their own license on a garage formally let by the deceased contract holder if the demand in the area is low.

If a qualifying successor is currently in prison, contact should be attempted with the Prison Housing Welfare officer regarding the length of time left on their sentence. If this is under 13 weeks an application for succession can be considered.

Remaining joint contract holders should be supported to find alternative accommodation if their property is specialist or adapted and the remaining joint contract holder does not meet these needs.

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