Probate is the legal procedure for dealing with a person’s property, money and possessions (the ‘estate’) after their death. Before you can administer the estate you need to obtain the authority to do so. This is done by applying to the probate registry for a grant of probate.
If the deceased has left a will, then it is the named executor who applies for the legal right to carry out the terms of the will and any official witnessed alterations, known as codicils.
If there is no will (known as dying intestate), then is it more complicated. The next of kin, or someone acting on their behalf, can apply to be granted Letters of Administration. This legal document gives authority to deal with the deceased person’s assets in accordance with the rules of intestacy.
There are several steps you need to take before probate will be granted, including obtaining clearance from HMRC on the assessment of the size and complexity of the estate and paying any inheritance tax that is due.
Probate itself involves handling a wide range of matters including paying inheritance and other taxes; paying any outstanding debts such as utility bills; selling a property; sorting out insurance policies; making trust settlements; closing bank and savings accounts; collecting and distributing any property, money or possessions to beneficiaries and heirs; and dealing with all the necessary paperwork and administration.
There are some situations when you may not need a grant of probate. For example:
The loss of a loved one can bring emotional turmoil and having to deal with the technicalities of probate can be daunting.
Rowlington Tilley is highly experienced in probate applications and offers a comprehensive and reliable Probate Service. Our assessment of the estate takes place before any charges are proposed, and all fees are agreed with you in advance up to a maximum of 1% of the gross estate value.
We can administer the entire probate process for you and deal with any issues that may arise, giving you peace of mind. You will have our expert advice through every stage so you always know what to expect when your loved one’s estate is in probate.