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The word ‘probate’ is frequently used to refer to the legal and administrative process that occurs following someone’s death in order to finalise their affairs and distribute their assets to their beneficiaries. A grant of probate is a legal document given by the Probate Registry that entitles the executor or administrator of an estate to manage the deceased’s affairs and to make all necessary arrangements to close the estate.
Each estate and each Will are unique. Probate procedures differ according on the instructions provided in the Will and the estate’s assets, creditors, and beneficiaries. The executor’s basic procedure is as follows:
- Compile a complete list of the estate’s assets and liabilities.
- Submit an Application for Probate (permission to administer the estate and pass out inheritance)
- Complete an estate tax form and make any required payments.
- You are granted Probate
- Repay any outstanding bills owed by the dead
- Distribute the remainder of the estate in accordance with the Will’s directions.
Additionally, Probate might be problematic if there are disagreements between the executor, beneficiaries, creditors, or HMRC. Our probate solicitors are available to advise and assist you at any level of the probate process.
We can assist you if disagreements are impeding your progress or perhaps take over your executor duties entirely. Call or send us an email to arrange a free, private initial consultation with one of our solicitors.
How Long Does the Probate Process Take?
This will take approximately a year for the majority of estates. The duration of the process will vary according to the size and complexity of the estate. International Probate is typically more complicated and takes between six months and two years to complete.
Occasionally, disagreements between the executor, beneficiaries, creditors, or tax officials might arise during Probate. These disagreements can cause you to be late in administering the estate. Our disputes team can assist you in resolving any challenges you may be encountering; contact us today to discuss your situation with an expert.
What Is the Cost of Probate?
Each of our customers at Tann Law Solicitors receives very personalised service. The pricing will vary depending on the scope of service you require. When you speak with a member of our staff, we’ll:
- Determine the amount of work required based on your requirements and the size of the estate.
- Provide you with an estimate of our fees prior to commencing any work.
- To ensure your peace of mind, always request a fixed-fee quote.
To view a breakdown of our probate fees or to discuss your case further, please contact us
Who Is Eligible To Apply For Probate?
Only the executor appointed in the decedent’s Will has the authority to seek for Probate in order to administer the estate. If you have been named executor but do not wish to run the estate personally, we can file the necessary paperwork for you.
Without a Will, a person is considered to have died intestate. The regulations governing intestacy will specify who may apply to administer the inheritance in lieu of the testator. Read the following question to learn what you can do if a loved one dies without leaving a Will.
Is It Possible to Obtain Probate Without a Will?
If there is no Will, you cannot obtain a Grant of Probate, but you can still administer the estate and distribute inheritance using a somewhat different approach.
A grant of probate is made to the executors designated in the will, whereas a grant of letters of administration is made to the next of kin of someone who died without leaving a will. When an individual dies in England or Wales, their estate includes their bank accounts, property, personal effects, and investments.
Generally, after eight weeks of submitting your original paperwork, you will receive a grant of probate or letters of administration.
The regulations of intestacy specify who may apply for a Grant of Administration to administer the estate. Without a Will directing how assets are to be distributed, the administrator follows the rules of intestacy.
Under these restrictions, only spouses, civil partners, children, and other close relatives are eligible to inherit.
To learn more about intestacy regulations and estate administration, please phone us, and we can discuss how we can assist.
Can I contest another person’s Will?
You may be able to dispute or challenge a Will if you believe it does not adequately reflect the deceased’s wishes for their estate or if you believe it is invalid for other reasons.
You may contest a will if one of the following applies:
- The Last Will and Testament has been forged.
- When the deceased was writing their Will, they lacked mental capacity.
- When the deceased was writing their Will, they were under undue influence.
- You were financially reliant on the deceased, and the deceased’s Will made no provision for you (as required by the Inheritance Act).
Is It Possible to Modify a Will After Death?
You can amend a valid Will, but only to the portion of the inheritance, it has provided for you. For instance, you might:
- Rather than that, assign distinct assets to distinct individuals.
- Distribute your entire entitlement
- Reduce the estate tax
- Establish a family trust with your inheritance.
To accomplish this, you will need to apply for a document known as a deed of variation or a deed of family arrangement. Changing a will following someone’s death can be a difficult process. If you require guidance, call our probate solicitors and we can walk you through the process.
What Are The Beneficiary’s Rights?
A beneficiary is someone who is owed money from an estate. If you are a beneficiary under a Will, you have certain beneficiary rights that the executor of the estate is required to follow.
If the deceased left a legal Will, the Will would list the beneficiaries of their inheritance. If there is no valid Will, the beneficiaries will be determined under the norms of intestacy.
During the probate process, beneficiaries have a right to information. It is the executor’s job to keep beneficiaries informed of the progress of the estate administration. They must maintain estate records and make them available to beneficiaries upon request.
Beneficiaries may sue an executor if the executor violates these rights or if the executor otherwise mismanages the estate.