To be able to deal with a person’s estate after their death you need to obtain a Grant of Probate from the Probate Court which confirms that the Will is valid and also confirms the appointment of the Executors named in the Will. Often Executors will have been close to the deceased and we can help with applying for Grant of Probate during this emotional time. Executors will have to assess the person’s estate - totalling the assets and also making sure all debts are paid and that the remainder of the estate is distributed to the beneficiaries named in the Will.
What is Probate?
This is the legal term associated with negotiating the right to deal with a deceased persons affairs. It is often referred to as 'administering the estate' when a person dies without leaving Will or if the executor has passed away before the Will could be updated. If you are made the executor, you may need to apply for a Grant of Probate. A Grant of Probate is an official document which gives the executor the right to administer the estate. This document has to be issued by the probate registry.
A Grant of Probate is required to access any assets which were held by the deceased. However if the assets are jointly held, they will be passed onto the other person via survivorship. Although, it is important to note that there are some instances where even assets which are held jointly require probate, such as Tenants in Common.
The Grant of Probate is given to the executor who will then need to show this to any bodies which are involved with administering the estate such as banks, insurers and any other financial institutions. In addition, the Grant of Probate also acts as a form of proof to show that you are the executor and are entitled to use it.
How Long Does a Grant of Probate Take?
Once you have applied for a grant of probate, it will usually come through within 6 weeks. However this is dependent on the complexity of the estate. In many cases it can often take months to even be in the position to apply for a Grant of Probate.
How Can We Help You
Our experienced Wills and Probate solicitors offer practical guidance and can assist you with the administration of an estate and apply for Grant of Probate. We can also advise on the size of the estate for the purpose of Probate and Inheritance Tax, providing expert advice and support throughout.