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When a loved one passes away it is, understandably, a time to grieve and celebrate their life. Whilst it can be painful, there are aspects of their life that somebody will need to look after on their behalf. Whilst many assume that being next of kin or noted in a will is enough to grant access over assets, it is not that simple.
Keeping things simple, probate is a court order which allows an individual to apply for and deal with the assets and affairs of somebody who has passed away. If you are next of kin or have been named as Executor in a will, you will need to apply for a grant of probate before you can claim, transfer, sell or distribute any assets left by the deceased person.
Whether or not the person who has passed away has left a will or not, you will apply for probate in the same way. If they left a will you will get a ‘grant of probate’. If they didn’t, you will get ‘letters of administration’.
You will not need to apply for probate if the following applies:
If you are in charge of proceedings you may need to contact each asset holder (such as a bank or mortgage company) to see if you will need probate to gain access. Each organisation has its own rules and a phone call will soon iron this out.
The probate process can be confusing, particularly if you are not au fait with legal, tax and financial jargon. Choosing a probate solicitor in the process might be a good idea. For your ease, we have broken down the five core elements to dealing with probate below.
If you require any more guidance with probate, the government website contains a lot of information on wills, probate and inheritance in England and Wales. If you have inherited a house that you wish to sell, contact us on 0808 252 7933 to find out how we can help sell your property quickly.
Should you require any professional advice on dealing with probate, Laurelo can help. You can learn more about the services they offer here.