Which probate guide

An experienced estate-planning solicitor will be able to provide you with the right advice. A Grant of Representation is a legal document that gives the executor see section 2 of an estate the power to deal with the assets of the deceased. If there is a valid will in place, then the executor will need a Grant of Probate. If the deceased died intestate without a will in place , then the executor will need a Grant of Letters of Administration. The Grant of Representation gives a person the legal right to administer an estate, so that they can carry out the wishes of the deceased.

Institutions will usually need to see a Grant of Representation before they transfer control of any assets to the executor. Getting a Grant of Representation as quickly as possible is really important, so you can pay any outstanding bills, sort out finances and share out the assets in a will.

If there are no executors named, then there are rules set out in law for who is able to apply. The Probate Registry section of the courts is responsible for issuing Grants of Representation. You can apply for probate yourself, but be warned, it is a complex process that can be extremely time consuming , and more than a little stressful.

The alternative to applying for probate yourself is to utilise the services of a solicitor to manage the probate process from start to finish. You will need to apply for a Grant of Representation if the estate of the deceased includes any of the following:. If required, we can also manage the entire estate administration process — the cost of which will depend on the complexity and size of the estate.

Yes, you can, although there are some time limits , depending on the type of claim you want to make. These time limits can be as little as 6 months after probate is granted. What do I do about my business interests in my will? Can my will be disputed? Do I make funeral plans in my will?

What happens to my property abroad in my will? Whilst there are no strict rules as to where you have to keep your will, you need to keep it safe, and somewhere the executors will find it. The best option is to keep it with your solicitor. We keep a physical copy in a fireproof strong room, and a digital copy in our servers.

We also register all wills with Certainty, the national database of wills , so that it can be found by any solicitor in the country. The best advice we can give is to get support from an experienced solicitor. Dealing with overseas assets can be complex, and what happens will depend on several factors, including:. In some cases, it may be prudent to have a will written in the country that you own the property. We're open from 9am to 5pm Mon - Fri. We are closed on bank holidays.

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Financial Services Limited. What is probate? Understand the process you'll need to go when dealing with the estate of someone who has died. Grant of probate. Inheritance tax is payable within 6 months from the end of the month in which the death took place.

For example, if the deceased died on March 3rd, inheritance tax would be payable by the end of the following September.

This allows the executors to contact all the institutions at the same time and saves having to wait for copies to be returned. Once probate is granted the executors can get on with administering the estate by paying any debts and distributing the assets the beneficiaries. The executors, or their solicitors, will need to draw up estate accounts for each beneficiary detailing all the assets, debts and income. Once all the assets are distributed and debts paid, the estate can be wound up.

If the Will created any trusts, the executors will often also be the trustees and so will have an ongoing duty to manage those trusts. As a general rule it will usually take between 9 and 12 months to obtain probate. Most of this time will be spent gathering details of the deceased's assets and liabilities and preparing the inheritance tax returns. Once probate is granted, beneficiaries will usually receive their inheritance relatively soon afterwards.

However, where there is a potential disputes with creditors or beneficiaries, this could slow things down. The only way to find out how much probate will cost you is to get some quotes from solicitors. That's where our service can help. We'll get you a range of quotes for your exact job from local solicitors in minutes when you post a free job. Post a free job on our service and compare quotes from local solicitors in minutes.

Solicitors fees will vary from estate to estate and firm to firm though. So what someone else pays may be completely different to what probate will cost you. There may be further fees which need to be paid as part of the administration of the estate.

These will vary from estate to estate, but might include things such as: valuation fees, brokerage fees or insurance. Toggle navigation.

Find out everything you need to know about probate with our simple guide. So what is probate, do you need it and how do you go about getting it?