What is Probate?
‘Probate’ is a term used when talking about applying for the right to deal with a deceased person’s affairs. It’s sometimes called ‘administering the estate’.
If the person who has died leaves a Will
Normally executors named in the Will deal with the person’s affairs after their death.
An executor applies for a ‘grant of probate’ from the probate registry. The ‘grant’ is a legal document that confirms that the executor has the authority to deal with the deceased person’s assets etc.
Typically it is used to access funds, sort out finances, to collect and to share out the deceased person’s assets in accordance with the terms of the Will.
If the person who has died didn’t leave a Will
If there is no Will, a close relative of the deceased can apply to the probate registry to deal with the estate.
The application is then for a ‘grant of letters of administration’. If the grant is given, they are known as ‘administrators’ of the estate.
Just like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator’s authority to deal with the deceased person’s assets.
Is it difficult?
The amount of work required to complete Probate depends on the complexity, the types of assets, and legal or tax complications. There is also a heavy legal responsibility placed on an executor to distribute the estate properly. This can be an onerous responsibility.
It may be desirable to use a professional to deal with probate if the estate is complex or if there is nobody suitable to carry out the role. Sometimes a professional is employed to avoid making choices between siblings!
If you would like to find out more about our Probate service, making a Will, getting a Will review or if you want to arrange a visit please call Bill Ryan on 01225 582 582 or 07942 95 95 99. Alternatively use the contact page and you will be called back shortly.
The home visit Will service is available in Berkshire, Dorset, Gloucestershire, Hampshire, Oxfordshire, Somerset and Wiltshire.
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