Feakes & Co Solicitors
Monmouthshire NP16 5UH
Tel: 01291 639280
Fax: 01291 606076
Probate And Estate Administration
Probate is the process of dealing with the affairs of someone who has died and administering their estate. It can be a long and sometimes complicated task, and is especially difficult if you have to do it when coming to terms with the loss of a loved one. If you also have to juggle family life, a job and other responsibilities while administering an estate, it can become overwhelming.
Contact us today to discuss your probate matter or any queries you have.
What Is A Grant Of Probate?
A grant of probate is a document that shows that you are legally entitled to deal with the estate, for instance with banks, pension companies and official bodies. It allows you to administer the estate and ultimately distribute it to the beneficiaries.
Is A Grant Of Probate Always Required?
In some circumstances, no grant of probate will be required, usually where the estate is very small. This might occur, for instance, if any property and bank accounts are owned jointly (and pass by survivorship). However, banks and other bodies may have their own rules about whether they demand a grant of probate.
Who Can Apply For Probate?
If there was a will, the executor named in the will should apply for a grant of probate. If there was no will (or if you cannot find a will), then someone will have to apply for a grant of letters of administration. That person is usually the next of kin, such as spouse/civil partner or child. They will be known as the administrator (not executor).
What Does Probate Involve?
The process involves working out what is included in the estate, valuing the estate, paying any tax due on the estate, paying any debts owed, and then distributing the assets to the beneficiaries.
Do I Need A Lawyer?
Many people act as the executor of a relative or friend without involving a lawyer. It requires someone who is good with administrative tasks, and more importantly has got the time required.
If you do instruct a lawyer, their fees can be paid from estate funds. You may wish to instruct a lawyer if:
It is important to take advice about a particular set of circumstances. Call us today to discuss your situation and how we can help.
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