What Is Probate
It is the legal process of administering the estate of someone who has died, by resolving any claims on the estate and distributing their remaining property in accordance with the will that they left for their loved ones.
This is of course an essential task that can in many cases be relatively simple, but that can in other situations be rather complicated, depending on a wide range of variables.
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Probate with a will
If you are the named executor of a will, we can help you to apply to the Probate Registry for the appropriate Grant of Probate to fulfill your duties. This gives you the legal authority to manage the deceased’s affairs, such as accessing their bank accounts and selling property and other assets.
Probate without a will
If the deceased died without leaving a will, this is known as an intestate death. Ultimately, the laws of intestacy dictate who can apply to become the deceased’s executor and how the deceased’s assets will be divided by means of inheritance, and this is formulated by a set hierarchy based on the subject’s closest living kin.
Making an application
When you make a personal application for probate, first of all you need to apply for the necessary Grant of Probate via the registry of the HM Courts and Tribunals Service.
This involves completing a PA1 application form and an IHT205/400 inheritance tax form, depending on the status of the estate in terms of inheritance tax. This process can understandably be daunting for the executor, but we can assist you with this for a low, fixed fee.
Beginning the process
Before we can get started on your behalf, firstly we will need to calculate the total value of the estate. This means totting up all of the estate’s assets such as property, pensions, shares, money and chattels, and estimating their total value.
Next, we will list any creditors of the estate, and the details of any jointly-owned assets. From here, we can calculate whether or not the estate will be liable for inheritance tax, and so, complete and submit the appropriate application forms.
Avoid registry interviews
Once your paperwork has been processed, probate is usually granted within a few weeks. Allowing our professional team to take care of this for you means that you will not be required to attend an in-person interview at the Probate Registry, something that can of course be both inconvenient and potentially distressing for the executor themselves.
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Call us for a probate quote
We always offer fixed fee pricing for our probate service. We can help answer your questions - talk with a probate specialist today.
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Why is probate required?
If your loved one passed away leaving assets in excess of £5,000 or if the estate is owed assets or funds in excess of £5,000, a Grant of Probate or a Letter of Administration is required in order to obtain the funds. In order to receive this authorisation to administer the estate, you will need to make a formal application that is known as “applying for probate.”
If your loved one passed away without leaving a legal will, their immediate next of kin still needs to apply for a Letter of Administration in order to tie up the estate on behalf of the deceased. From this point, the process will proceed similarly to how it would if the deceased did leave a will, by means of determining the value of any assets, identifying any outstanding debts owed by the estate, and taking care of any tax owed on the estate. In addition probate disputes occur when there is no will.
When a will is present, the deceased will usually have appointed an executor or executors to handle the estate, and one of their duties is to apply for the Grant of Probate. Without a will, the person who takes care of the deceased’s affairs and estate is known as the estate administrator, or the personal representative of the deceased.
If you find yourself in the position of having been appointed as an executor or personal representative, this can be rather daunting at what is no doubt already a very sad and challenging time. We can help to take care of the red tape, paperwork and sometimes complicated estate administration process on your behalf, for a guaranteed fixed fee.
Feel free to get in touch for a free, no obligation quote, our experienced and empathic professionals can take care of the hard work, so you don’t need to.
or simply give us a call on: 0203 985 9554