If a person dies leaving a Will - Probate
Executors in the Will would have been appointed by the deceased to deal with their affairs after their death. The Executor applies for a Grant of Probate (when necessary) from the Probate Registry.
Probate is the legal certification of a Will which authorises Executors to handle the affairs of the deceased.
The process of Probate involves collecting any money that is owed, settling debts due and dividing the Estate amongst the respective beneficiaries. The Grant of Probate is a legal document which confirms that the Executors have the authority to deal with the deceased person's assets allowing the Executors to call in all monies owing to the Estate and distribute as under the deceased person’s Will.
We know that Probate can feel like a very daunting task and that is why Salena Dawson & Co. Solicitors take time with you to ensure you receive the exact level of support required. This may be from one-off fixed fee advice on help in completing the Court Forms or providing you with practical guidance to deal with administration of the Estate.
We give straightforward advice and assistance and can help you determine the size of an Estate for Probate and Inheritance Tax purposes. We can prepare a Probate application or an application for a Grant of Representation and help you lodge the required forms with the relevant organisations to collect monies due to the Estate and settle outstanding debts. We can organise house clearance and work with residential conveyancing solicitors to handle the sale of any property or land owned by the deceased.
If the person who has died didn't leave a Will – Intestacy
If no Will exists then the deceased has died Intestate. Instead of a Grant of Probate, the Court will issue a Grant of Administration. It is then up to the most appropriate family member to become the Administrator of the Estate. Administrators perform the same functions as Executors under a Will.
The Administrator applies for a Grant of Letters of Administration. If the Grant is given, they are known as Administrators of the Estate. Like the Grant of Probate, the Grant of Letters of Administration is a legal document which confirms the Administrator's authority to deal with the deceased person's assets.
In some cases, for example, where the person who benefits is a child, the law states that more than one person must act as Administrators.
We can help you apply for the Letters of Administration and help collect monies and settle outstanding debts of the Estate.
If you would like to find out more about Probate or Letters of Administration please contact Alex Slade on 01953 883535 Appointments can be held at either out Watton or Hethersett offices.