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Probate Frequently Asked Questions
When someone we love dies, the task of sorting out their affairs is often overwhelming. The administration of an Estate can be a time-consuming and legally complex process, and comes with important responsibilities that should not be overlooked.
Rodney King & Partners Solicitors can help you by removing this burden at an understandably difficult time, and ensure that the wishes of the deceased are carried out as quickly and efficiently as possible.
Please contact us and we will be happy to discuss matters with you further, and provide a competitive estimate of our fees for the any work to be carried out.
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- What does Probate mean?
- What if the deceased left a Will?
- What if the deceased did not leave a Will?
- Is Probate always required?
- What is involved in the administration of a deceased’s estate?
What does Probate mean?
Probate is the term commonly used for the procedure required to apply to the Probate Registry for authority to deal with a deceased person's estate. The Registrar will issue a Grant of Representation to the individual or persons entitled to make the application. They are known as the ‘Personal Representatives’.
The Grant enables the Personal Representatives to administer the deceased’s affairs, which will include settling any outstanding debts and funeral expenses, and accounting to HM Revenue and Customs for any tax due, before distributing the net estate to the person or persons entitled to receive it either under a Will or Intestacy.
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What if the deceased left a Will?
If the deceased left a Will, an Executor or Executors will be named in the Will and they will be responsible for carrying out the wishes of the deceased as set out in the Will. In the first instance this will normally involve ensuring that the funeral arrangements have been put in place.
The Executors have to apply to the Probate Registry 
for Grant of Probate which is the legal document confirming that the Executors have the legal right to deal with the deceased's affairs.
This document will be required by financial institutions and, in the case of land/property, the Land Registry as proof of an Executor’s right to administer the Estate.
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What if the deceased did not leave a Will?
If someone dies without leaving a Will, they are said to have died intestate. In these circumstances a relative will need to apply to the Probate Registry for a Grant of Letters of Administration; which gives them the legal authority to deal with the person's estate.
We can assist by applying for the Grant of Probate or Grant of Letters of Administration on your behalf.
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Is Probate always required?
Not always. As a general rule a Grant is not required when everything the deceased owned was held in joint names with their spouse and they are the sole beneficiary.
You should always seek legal advice to ascertain if this applies to you and to avoid any legal problems as a result of not applying for Grant when it may be required.
It is also not usually necessary to apply for Grant when the deceased has an estate of low value, for example a bank account containing a few thousand pounds.
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What is involved in the administration of a deceased’s estate?
Dealing with the administration of an estate can be time consuming, depending on the size and complexity of a person’s assets, which can include land/property, stocks and shares, pensions, life assurance policies and personal effects.
The value of a deceased's assets and liabilities needs
to be ascertained as at the date of death. Calculations need to be carried out to determine if there is a liability for Income Tax and Inheritance Tax. Capital Gains Tax could also be an issue.
Here at Rodney King & Partners Solicitors we have experience in dealing with all types of estates. Please contact us for a consultation.
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