Curb Your Confusion: A Step By Step Guide To Probate
When somebody dies, the executors named in the Will must go through a legal process known as probate. Step by Step Guide to Probate Once completed, they will have the right to deal with the deceased’s estate. All this can seem very daunting, particularly at a time when you are trying to come to terms with your loss. Essentially, however, there are just six steps that you must take:
- Locate the Will: the first thing to do is to locate the Will. This will stipulate who the deceased wanted to act as an executor. If you have been named, you must proceed with the probate process, or ask a solicitor to assist. If there is no Will, this duty will fall to the next of kin.
- Obtain a Grant of Representation: you or your solicitor must then apply for a Grant of Representation. A probate application form and tax inheritance form must be completed and sent to the probate court. You will be asked to attend the local probate office to swear an oath and if everything is in order, the Grant will be awarded.
- Pay Inheritance Tax: while applying for a Grant of Representation, you will need to calculate the total value of the deceased’s estate. If this exceeds the current threshold for inheritance tax, the balance must be paid in full before a Grant of Representation is given.
- Collect all assets: once you have paid the inheritance tax and obtained a Grant of Representation, you can then collect the deceased’s assets and sell off their property, if you wish to do so.
- Settle outstanding debts: if there are any outstanding bills or debts to pay, you must use the deceased’s accounts to settle these and close the direct debits (such as with utility companies).
- Distribute the estate: finally, you can distribute the estate according to the wishes expressed in the deceased’s Will. If there is no valid Will, the estate must be distributed according to the laws of intestacy.
This is a basic probate process in England; different protocol must be followed in Wales, Scotland and Northern Ireland. It will not be the same for everyone and probate will often be affected by various problems and complexities.
If you are the midst of the probate process and are uncertain as to how you should proceed, there is help available, as you can ask one of our probate solicitors to assist you. This will take the weight off your shoulders, allowing you to rely upon a professional who can handle the entire process for you.
For more information about this article or any aspect of our Wills, Probate & Trusts services (including Care home fees recovery and powers of attorney), please call us on 01772 424999, email enquiries@solicitordirect.com or use the form below. All initial advice is usually free of charge…
