Probate occurs when you are named in a persons will as an executor. This may give you the chance to apply for probate which is a legal document that is needed after around 50% of deaths in the UK. This document is to help show organisations such as banks, land registry and others that you have the right to control someone’s estate.

A grant of probate is a legal document that gives you as the executor the authority to share out an estate of the person who has died under the direction of their will. Even if you have been named as an executor you do not have to act on this. As an executor you may need to apply for a grant of probate to access their estate. Once this has been approved the executor is allowed to sell the property, pay off debts, close accounts and distribute assets in agreement with the will.

Probate Process.

The first step is to check whether you need probate. Probate is only needed after 50% of deaths in the UK so you may not need to apply for this. It is usually needed if either the total amount of the estate passes £10,000 or if the estate includes a number of solely-owned assets.

Secondly once you know whether you need probate or not you will need to gather up information about the estate. You should track down the will if there is one and also make a note of all of the deceased one’s assets. Once that information has been gathered the executor will then have to get into contact with banks and other organisations to see what the value of each asset in the estate.

Step 3 is to apply for the probate which you will need to fill out a probate application for along with an inheritance tax form.

Once the application has been submitted to the probate registry, it usually takes 3-6 weeks for the application to be approved. When the application is approved, the grant of probate will be sent out to you in the post.

Finally, you will then be dealing with the estate admin in the probate process which can take 3-6 months.




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