Sorting out the paperwork when applying for a Grant of Probate can be quite daunting and often confusing if you have never had to do this before. Our team are experienced in this process and what is legally required to ensure that you are not held personally responsible for any Estate costs.
A raft of legislation imposes duties on executors and administrators, and failure to comply with these obligations could lead to major problems and delays. For example, an executor / administrator can in some circumstances be personally liable for any debts of the person who has died.
Probate is the legal, financial and tax procedure for dealing with the assets of someone who has died. All of the information is gathered and documented in order to establish the total value of the deceased assets (Estate), which includes their: property, money, investments and possessions. It also documents information on any of the deceased’s liabilities, for example, debts such as outstanding loans and unpaid utility bills which would need to be settled, plus any Inheritance tax or expenses which could be due. It also verifies who will take on the responsibility for distributing the deceased’s assets once Probate has been granted.
There can be complications if there are challenges to the Estate, which can cause delays and additional work.
If you are named as Executor in a person’s Will, you may still have to apply for Grant of Probate to legally confirm that a Will is valid. This will then legally allow you as a named administrator to distribute the assets of the person who has died as set out in their Will.
If there is no Will, inheritance rules, known as the rules of Intestacy, will help to determine who will be responsible for distributing the deceased‘s Estate. Once this has been determined, it will be the responsibility of that person to apply for a Grant of Administartion which will enable them to proceed.
We highly recommend that you read our informative guide to Probate and Administration to find out more.
Pengillys are specialists in this area and are truly independent. We can help you to fully understand the process, answer the questions and collate all of the relevant information to make your Grant of Probate application as straight forward as possible. We will put the necessary legal documentation together for you, ensuring complete peace of mind that your application is correct in all aspects.
If you would like to talk to us about making an application for Grant of Probate, please call us on 01305 768888 or complete the ‘enquiry’ form below.
