A Beginner’s Guide to Probate

The death of a loved one is a particularly emotionally stressful time, not helped by the seemingly endless procedures and protocols that have to be complied with in order to conclude the affairs of the deceased family member. However, when properly informed, family members will find this process much easier to cope with and will be able to take appropriate action in order to conclude the process as quickly as possible. This is particularly true within the field of probate as many do not realise under what circumstances probate is required or why it is required.

Probate is only required if the deceased individual had more than £5,000 at the time of their death. These assets may take the form of savings, stocks and shares, insurance policies or property and land. Under these circumstances probate is required to legally transfer the ownership of these assets to the next of kin. However, when assets are held in joint ownership they are automatically transferred over to the surviving owner and therefore probate is not required. It is often advisable to seek the advice of probate solicitors in order to complete the probate process successfully.

Moreover, probate is only applicable in situations where the deceased family member left a last will and testament to indicate their desire as to the distribution of their assets following their death. In this instance one or more executors are designated in order to obtain probate through the legal courts. Once a grant of probate is obtained the executor(s) has the legal authority to action the last will and testament of the deceased and distribute the assets of the deceased in accord with the wishes expressed within the will. The process of applying for probate is subject to probate fees which are payable at the time of application.

However, not every situation is quite as straightforward. In some instances a last will and testament may not have been produced by the deceased prior to their death. In this instance the probate process does not apply but probate solicitors can nevertheless provide useful advice on how to proceed. In this instance a close family member should apply to the probate registry for a grant of letters of administration. Similar to the grant of probate, once granted the grant of letters of administration allow the administrator to proceed with the process of dealing with the deceased’s assets.

Although the process of probate can be completed personally it is often advisable to seek the services of probate solicitors in attaining a grant of probate. Such solicitors can provide invaluable advice on probate fees and many other aspects of the probate process. However, more importantly they can relieve family members of the emotional burden of dealing with the estate of deceased loved one. By applying for probate on behalf of the executor, probate solicitors can deal with the paperwork and legal processes that are associated with attaining probate and allowing family members to focus on the grieving process.