When someone dies a legal process has to be followed, in order to administer a deceased persons estate. That process is known as probate, and will typically be undertaken by the named executor in a Will or the next of kin (known as the administrator) if the person died intestate.
Grant of Probate
Probate isn't the most common term, and to a layperson can be very confusing. In essence probate is the term given to the legal process that is followed after someone has died. It is undertaken by an Executor when the deceased left a Will, or by an Administrator when the deceased died leaving no will. It ends with the Probate Court, known as the Probate Registry, issuing a legal document called a Grant of probate or alternatively (when there is no will) a Grant of Letters of Administration. It is this document that is then sent to the various organisations such as banks, and share registrars to release funds held by a Deceased.
Grant of Probate
If someone dies without leaving a Will, they will have died Intestate. This means that the deceased person's assets will be subject to what are known as the Intestacy Rules , that set out who is entitled to Administer the estate and who is entitled to the estate. Dealing with an Intestate estate without a Will, can be complex and it is always sensible to ensure legal advice is obtained.
Administration of the Estate
We can take care of the administration of the estate for you by collecting all the information needed, preparing the application for probate, and dealing with the transfer of property and the distribution of the deceased’s estate. All probate matters are dealt with sympathetically and efficiently.
Probate is the process by which the administration of an estate takes place by giving the executor the legal right to distribute the estate. If a Will has been prepared by specialist Wills and probate solicitor, then the process should be quite simple. If not, or if the estate is large or complex, an executor may need the help of specialist Wills and probate solicitor. The same process will apply where there is no Will and therefore there is intestacy and Letters of Administration are required instead of Probate.
If you are named as an executor or are entitled to act as an administrator you can still instruct our probate solicitors to take over the administration of the estate for you.
We can assist in:
- Identifying and writing to creditors and debtors
- Dealing with the funeral directors and the Beneficiaries
- Valuing the deceased’s estate for Probate purposes
- Completing of the Inheritance Tax Account Forms
- Calculating the Inheritance Tax due
Our probate solicitors will advise you of the best ways of arranging for the Inheritance Tax to be paid, which often means an application to the deceased’s bank or building society if there are sufficient funds available Prepare the Oath for Executors or Administrators and other paperwork for the Probate Registry Once the Grant has been extracted we can distribute the estate and account to the Beneficiaries.
For further information on how we can assist you with your probate matters please do not hesitate to contact us on 020 5809 1681 or send us an email.