What is probate? Sadly, if you are reading this more than likely than not it means you have recently lost someone close to you. We are very sorry that you have found us at this time, but hope to help answer some questions for you so that you know exactly what you should be doing next.
What Is Probate?
In short, probate is the process that must be undertaken when someone passes, their estate has to be collected in, any debts paid (including the Government taking any tax due of course…) and then anything left distributed to their loved ones.
In some cases, probate can be a very straightforward process, particularly if the estate is financially not very large and their is a valid Will in place.
What can make probate much more difficult is if the estate is large and also there is no Will in place. This can make the process of obtaining probate that little bit more costly and time intensive.
Whatever your situation is with probate, we always advise our website visitors to speak with one of our solicitors as soon as possible. This way, you can find out exactly what your probate position is, can be advised what your options are, from doing probate yourself to asking a solicitor to help you and be advised of any likely costs involved in the process.
We don’t want you to sit there and worry at this time, so please, just leave us a few details and let one of our specialist Probate Solicitors advise you of all of your options.
Simply click the link below, leave a few details with us and let us connect you with specialist probate solicitors, without cost or obligation:
What Is Probate When A Will Is In Place And The Deceased Was Part Of A Couple?
If the deceased was part of a couple and jointly owned a property with their partner as beneficial tenants in common and the estate is relatively small, probate is often not required.
In these cases a death certificate can usually be provided to the bank of the couple to transfer the account into the name of the sole survivor.
It is worth mentioning at this point that it is worth obtaining several copies of the death certificate if you have not already been to collect this. The author remembers losing his father and having to ensure that he had enough copies for banks, building societies, equity release mortgage companies etc. So have a look at all of the people that you need to contact before deciding how many you will need. Whilst some will accept a certified copy, many like an original which they will return if asked to do so.
In this case, with a surviving partner, a mirror Will usually states that all of the property will pass to the surviving partner. However, in some circumstances some gifts may be distributed under the terms of the Will.
What Is Probate If No Will Was In Place?
If no Will is in place then someone has to apply for ‘letters of administration’ which is very similar to applying for probate and allows you to collect in and distribute the estate.
If no Will exists, the estate will be distributed in line with intestacy laws, which state that the estate will pass to any surviving spouse of 28 days or more or children. If neither of these have survived the deceased then the estate can pass to parents, siblings or grandparents.
Each situation will be assessed by your Probate Solicitor and they will advise you how the laws of intestacy will apply to your deceased’s estate.
Who Pays The Probate Solicitor?
Your Probate Solicitors‘ fees will be paid from the deceased’s estate alongside all of the other debts before any remaining assets are passed onto the beneficiaries under a Will or under the laws of intestacy.
How Can Solicitors Near Me Help?
Quite simply, we are here to help you.
We know that choosing a solicitor can be difficult as you often do not know what questions to ask or how to tell if a solicitor has the skills that you need. This is why all of our solicitors are interviewed by our Managing Director, a former solicitor himself.
We do the hard work, so you can get on with what matters to you; sorting out your probate issues as quickly and painlessly as possible.