When a deceased person leaves an estate, a process needs to be carried out in order to distribute the contents of it.
Probate is the term used in England and Wales for the process of administering the estate of a deceased person. In Northern Ireland the probate process is known as ‘grant of probate’ and in Scotland it is known as ‘confirmation’.
The probate process can be handled by an authorised professional or alternatively by a relative or friend.
In order to carry out the probate process, where a will has been left, a person must have a ‘grant of probate’, and where there is no will, a person must have ‘letters of administration'. In order to have either a ‘grant of probate’ or ‘letters of administration’, it is necessary to apply for probate.
In order to apply for probate the following must be done:
The person applying for probate will also need to swear an oath confirming that the information given is true, promising to administer the estate properly.
Once an application for probate has been successful, the following steps will need to be taken:
There is no set time for the probate process. The time to complete the probate process depends on a number of factors such as:
In our experience, a simple probate case can usually be resolved in around six months whilst more complex cases can take twelve months or even longer.
No. There are instances where the probate process is not necessary such as if the deceased person’s estate is worth less than £5,000 or the deceased person owned everything jointly with their spouse or civil partner.
However, regardless of when the probate process would not normally be required, some financial organisations may still require the probate process to be carried out.
Yes, the probate process can be complicated. This is can be the case where, for example:
The probate process is not necessarily a simple process as it involves legal and financial aspects, such as dealing with the Inheritance Tax of the deceased person.
Key Business Consultants, however, can alleviate you of this task by:
We are accredited by The Institute of Chartered Accountants in England and Wales (ICAEW) which is an approved licensing authority for probate services.
We would be happy to discuss the probate process with you and how we can help. Get in touch with us here or call us directly on 020 3728 2848.
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