Probate is the term used to refer to the legal process that occurs after someone passes away, involving the administration of their estate. This process includes proving the validity of the deceased’s last Will and testament or applying the intestacy rules where the deceased died without a Will. The term ‘Probate’ is derived from the Latin word for ‘prove,’ which is fitting since the process involves proving the authenticity of the will and ensuring that the deceased’s wishes are carried out correctly.
The probate process involves obtaining the relevant grant of representation to ensure that the deceased individual’s assets are properly distributed, and their final wishes are honoured. This process is generally straightforward, with established procedures to guide you. However, it’s important to note that not every estate requires a grant. For instance, if an estate includes assets held jointly with another party, such as a bank account shared with a spouse or commercial assets co-owned with a business partner, these assets will automatically transfer to the surviving co-owner through a mechanism known as survivorship
Probate is a process that most individuals aim to complete efficiently and without unnecessary delays. However, at My Probate Solicitors, we recognise that administering an estate can be an emotionally challenging experience. Our team of probate solicitors adopt a proactive and empathetic approach, ensuring that each client’s unique circumstances and needs are addressed with sensitivity and care.
Who applies for the Grant?
The personal representative is responsible for applying for the relevant grant which gives them the authority to deal with the deceased’s estate. Where there is a valid Will, the personal representative is the executor(s) appointed by deceased and they will apply for the Grant of Probate. Where the deceased died intestate, meaning without a Will, the rules of intestacy will determine who is responsible for applying for the grant and they are knows as the Administrator.. The grant that they would apply for is the Grant of Letters of Administration.
If you are uncertain about how to begin the grant application process, you can consult with our expert solicitors who specialise in wills, probate, and powers of attorney. These professionals possess expert knowledge of testimonial law and can guide you through the process. Additionally, My Probate Solicitors offers a variety of specialist services tailored for all clients, ensuring that our approach is accessible and supportive for vulnerable individuals also.
What are the costs of applying for the Grant?
This depends on the value of the estate. If the estate is valued at over £5,000, then the application fee is £300. If the estate is less than £5,000, then there’s no fee to pay.
In addition to the application fee, there are also costs associated with legal support. However, in most cases, these expenses are covered by the assets of the estate once the administration process is completed.
How long does the process take?
Typically, you can expect to receive the grant within 16 weeks of successfully submitting your application. If additional information is requested, you may experience further delays. Working with a legal professional can help mitigate these delays, as they assist people with these applications year-round, while this might be your first and only time applying for probate.
Do I need a solicitor for probate?
You are under no legal obligation to hire a probate solicitor. However, it is highly advisable that you do work with a professional as the sheer number of tasks and sensitive nature of the duties of the Executor/Administrator can quickly become overwhelming, particularly following a recent bereavement.
Engaging a solicitor can provide invaluable assistance with various steps of the probate process such as, accurately valuing each asset within the estate or preparing the inheritance tax return. If the estate is particularly large and complex, there may be certain technical issues that you may not be familiar with, such as complicated tax considerations, and a probate solicitor can certainly make this a lot simpler and efficient to deal with.
Last Words
It’s completely natural to want to avoid discussing topics like death and probate. Nevertheless, by making full use of your Will and the legal powers granted by probate law, you can guarantee that your wishes, as well as those of your loved ones, are honoured and safeguarded after your passing.
If you require more specialised advice tailored to your specific situation, you can consult with one of our experienced solicitors. We are here to provide support and guidance throughout the entire process, ensuring that your needs are met with the utmost care and professionalism. Let us support you throughout the journey.