Grant of Probate
When a loved one dies, the person managing their estate may need to go through probate. A solicitor can apply for a Grant of Probate or a Grant of Letters of Administration on your behalf.What is a Grant of Probate?
A Grant of Probate gives you the legal right to manage your loved one’s estate when they die. A Solicitor can help you determine whether a Grant of Probate is required, and help you apply for the Grant of Probate if needed. A Grant of Probate can only be applied for by the person who is named as Executor in a Will.
What is a Grant of Letters of Administration?
If there was no Will in place then a different legal process is followed, known as the ‘Rules of Intestacy’. In this case the law sets out that the closest living relative must apply for a Grant of Letters of Administration.
Probate
This is the term used to cover the administration of an estate from end to end. Some people choose to use a Solicitor for the whole of the Probate process. Others prefer to manage part of the process themselves, only using a Solicitor for the Grant application process.
The steps required before we can apply for a Grant on your behalf:
- Register the death of your loved one and obtain extra copies of the death certificate
- Document the assets and liabilities by going through their records
- Contact relevant institutions such as banks, lenders, pension providers, relevant government bodies and fund managers. You will need to send a certified copy of the death certificate and request a date of death statement
- If the estate includes assets such as property and jewellery, they will need to be valued.
A Solicitor will then file the Probate application with the Probate Registry and Inheritance Tax forms, if required, with HMRC. You will need to pay a Probate Court fee.
Depending on the value of the estate, Inheritance Tax may be due. Any Inheritance Tax due must be paid in advance before the Grant is issued and you take control of your loved one’s estate. This Tax can be paid directly from the deceased’s bank account if there are sufficient funds. If your loved one’s assets are tied up in property, HMRC will accept payment of the Tax due in relation the property in instalments over 10 years — so you’ll only need to pay a tenth of the total Tax in advance of the Grant being issued.
At Rucklidge Law, we can deal with the whole estate administration on your behalf through our Probate services. Alternatively, we can deal with the Grant application on your behalf. We will provide you with a dedicated and experienced lawyer, keep you updated at every step and guide you through the application process.
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As specialist lawyers, with over 20 years of experience, we are here to help you with your family law needs. If you need help with legal issues relating to children, advice around divorce, help with making a will or dealing with a loved one's estate through probate, we are here to help.
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What is probate?
Probate covers the legal and financial processes involved in dealing with the assets of a person who has died. This usually covers property, money and possessions. If property or land is involved you will almost certainly need to apply for probate.
How do I apply for probate?
There are a number of steps involved in applying for probate. It should be done by the next of kin or, if a Will was in place, the executor of the Will. In very simple terms probate involves gathering together assets, paying any bills, distributing whats left in accordance with the Will.
Can I appoint someone to do it for me?
We can deal with the whole estate on your behalf. We will provide you with a dedicated lawyer who is an expert in the probate process. We will manage the whole process on your behalf, keeping you involved along the way.