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Probate is the legal process for dealing with the Estate of someone who has passed away. Our Probate division is Lifetime Storage Solutions.
Please get in touch to speak to one of our consultants and discuss all of the services and choices available to you.
DO I NEED PROBATE?
If someone has assets in excess of £5,000 the bank or building society will usually insist that a "Grant of Probate" or "Grant of Letters of Administration" are obtained. The grant provides the authority for the executor or administrator to collect the deceased person's assets.
IS A GRANT OF REPRESENTATION NECESSARY?
If there are multiple assets with a value greater than £5,000, or where property or land is held (other than in a joint tenancy) a Grant will always be required.
HOW LONG WILL THE ADMINISTRATION OF THE ESTATE TAKE?
This depends on the complexity and number of assets that make up the Estate. it can take anything up to 2 years, however with a fixed cost probate package your probate will be carried out as quickly as possible without compromising the quality of service.
HOW LONG DOES PROBATE TAKE?
This depends on the size of the estate. Cases where the Estate is under the Inheritance Tax threshold are often quicker to conclude, typically taking between 6-12 months.
If the deceased has a Will, the executor or administrator will apply for a Grant of Probate. The grant is a legal document which confirms that the executor has the authority to deal with the deceased person's assets (property, money and belongings). This is called 'administering the Estate'.
Probate takes place after someone has passed and is the process of providing proof that the deceased person’s Will is in fact valid and then giving the deceased’s personal representatives the permission to deal with their Estate (this includes any assets). The process works differently if there isn’t a valid Will in place although the result is the same; the executors (where there is a valid Will present) or administrators (where there is no Will/no valid Will) are given the authority to deal with the estate. Whether or not the deceased person left a Will can have a large impact on the completion of Probate. A Will is used to appoint executors, set desires relating to funeral plans, children’s guardians and property distribution.
Probate with a Will
If the deceased has a valid Will in place, one or more people will have been named in the Will to act as their executors. The executors must apply for the Grant of Probate via the Probate Registry (unless the estate has a value of under £5,000 and therefore does not require a grant to be administered). The Grant of Probate is a legal document which provides the right for the executors to deal with the assets and estate. It can be used to illustrate that they can collect the deceased person’s property, money and possessions and distribute them as outlined in the Will.
Probate with no valid Will
If there was no Will left by the deceased or for any reason it is invalid (dying “intestate”), the Law of Intestacy outlines how the Probate process works and who has the right to administer the deceased person’s Estate – you can learn in more detail about the Law of Intestacy here.
Administrators are those entitled to administer the deceased’s estate where there is no Will. The administrators can apply to the Probate Registry for a Grant of Representation (usually provided as a Grant of Letters of Administration) – similar to a Grant of Probate, is a legal document which enables the administrators to deal with the deceased person’s assets and distribute them to those entitled under Intestacy Law.
The Government provides a Probate search service that enables anyone to search for Grants of Representation since 1996. Upon death, Will’s become a public document like that of the Grant of Representation: you can find them here.