/ Grant Of Probate
Probate falls into two main categories, the first is Probate where the person that passed away made a will in their lifetime. This type of probate, when issued, is known as a “Grant of Probate”. The Grant of Probate consists of the main body of the Grant plus this will be attached to a copy of the Will, the original Will would be held by the probate court, aka Probate Registry. The original Will is then the document that becomes the public record document. When applying for a Grant of Probate it is possible to also apply for “sealed copies”, the sealed copy of a Grant of Probate would not have the will annexed.
/ Letters of Administration
Following on from above the second type of Probate is Probate where the deceased person did not get to write a will. Where there is no will the deceased person is referred to have died intestate. When an estate is intestate the probate issued by the probate registry is known as Letters of Administration.
When dealing with an estate under Letters of Administration it is important to appreciate that the distribution of the estate must be done under the Rules of Intestacy. The Rules of Intestacy are government issued rules for the distribution of an estate. Hence why it is vital that people make a Will. If you need help with the distribution of an estate under the Rules of Intestacy then call us on 01376 349366 or email us at email@example.com
/ Who can apply for Probate?
The person or people who have the right to apply for a Grant of Probate are either the people who are named as Executors in a Will or in situations where there is no will the person (or people) entitled to apply are those as dictated by the Rules of Intestacy, such a person would be known as the Administrator. Regardless of who is actually applying both types i.e whether Executor or Administrator are referred to as the Personal Representatives of the deceased.
The people who take out administration are personally responsible for dealing with the affairs of the deceased and problems can occur even many years later. If you are going to act as a Personal Representative of a deceased persons estate it would be wise to seek professional help, call us on 01376 349366 to speak to one of our advisors. Our overseas department can also help with resealing probate, resealing probate is when you need to have probate proven in another country. In addition where overseas probate matters are required we use the services of Apostille & Legalisation Services Ltd who can arrange to apostille documents. This enables us to manage everything under one roof.
/ How long does Probate take?
There is no exact set time to explain how long the probate process takes, typically estates take around 6-9 months to administer. A couple of times scales that are fixed include the time it takes for any inheritance tax, if due, to attract interest, this being six months. To clarify, if an estate is subject to inheritance tax, if this tax is not paid within six months from the end of the month that the person died in, then any tax due will attract interest after this time.
Another time scale for Personal Representative to observe is the time that is permitted for another person to make a claim against the estate. There are two key areas to observe, firstly, there are potential claims under family provision legislation which must be made by the claimant within 6 months from the date of the Probate. Secondly, claims may be made by other creditors, creditors need to come forward within 2 months. Trustees notices should be placed inviting claims against the estate in order to protect the Personal Representative before any distribution takes place.
/ Book a Consultation
Want to know more about the probate process, please call us on 01376 349366 to book a consultation.