A Grant of Probate is proof that an Executor has legal authority to deal with (administer) the deceased person’s estate.
Where the deceased did not leave a Will, the Executor will receive a Grant of 'Letters of Administration'.
Administering a deceased’s estate generally means calling in everything owed to the deceased, clearing their debts including payment of taxes due and distributing their assets (money, possessions, property etc.) in accordance with their Will. It technically means managing the process of settling their whole estate.
Who can apply for Probate? Not every estate will require a Grant of Probate and may not be required if the person who died:
In this case an Executor should contact each asset holder (for example a bank or mortgage company) to find out if they require Probate to get access to their assets. Every organisation has its own rules.
Where there's a Will. You can apply if you’re named in the Will (or Codicil) as an Executor. If you or no other named Executor wishes to apply, contact us.
Where there's no Will. You can apply to become the administrator of the estate if you are a:
Those who cohabit are in a difficult position as you may not apply if weren't the spouse or civil partner of the person when they died. Neither are you automatically entitled to any of their estate. If you are in this position, contact us.
Probate process checklist. Every estate is different. This means that each Probate process will differ depending on the instructions left in a Will and the assets the estate has. Here is the basic process for Executors to follow:
How long does it take to administer a person’s Estate? This of course varies, but generally executing a Will takes time – and can be around 6-9 months or more from the deceased’s passing until all the assets are distributed to their beneficiaries.
You should consider carefully whether you have the time to commit to this process, or if you'll need assistance.
It's true that you are not bound to use the services of a Solicitor to handle the Probate process; you can do it yourself if you have the time, knowledge, and patience. However, dealing with the loss of a loved one is never easy, and Probate can be an added stress; this is where we come in.
At AFC Legal, we can take away some of your concerns by helping you with the Probate application process, assisting if disputes are preventing you from making progress, or, by doing the whole thing on your behalf. We always agree a fixed fee for our services to avoid any unnecessary costs.
To find out more about what we can do for you, email us at firstname.lastname@example.org or give us a call on 0800 689 0386.