FAQ's for Probate
What is “Probate”?
The legal process that concludes in the Executor named in the Will being given the legal right to deal with the deceased’s estate (the grant of probate). It establishes the validity of the last Will of the deceased.
What is “Administration?”
Where there is no Will, the legal process that concludes in an entitled person being given the legal right to deal with the deceased’s estate (“the grant of letters of administration”).
What is “an Intestacy”?
The state of affairs when someone dies without leaving a valid Will.
What happens after the Grant of Probate / Letters of Administration?
Once the Grant has been obtained from the court the executor or administrator will then have the legal right to ask any person or organisation holding the deceased’s money or property to give them access to these assets. These assets can then be released, sold or transferred as set out in the deceased’s Will or, if there was no Will, under the rules of intestacy.
Is a Grant of Probate always needed?
In some circumstances, usually involving very small estates, a grant may be unnecessary. However, in reality, most financial institutions will require sight of the Grant of Probate before releasing the deceased’s assets. A grant is usually required when the estate includes land and buildings.
How long does it take to get a Grant / to release the money?
It’s impossible to put a precise time on this. There can be a great deal of work to be done and the more complex the estate, the longer it will take to sort out if the matter is to be dealt with at all properly. Using their vast experience Cohen Cramer will do their utmost to keep delays to the minimum and to progress matters swiftly.
When I die will everything I own simply fall into my estate?
Not necessarily. If you own land or buildings with someone else or have say a joint bank account with another then your share may pass automatically to the joint owner on your death without it being dealt with by your Will or the intestacy rules. This may be quite serious for your dependant(s) if they are not the joint owner. Steps can be taken in your lifetime however to avoid this happening.
Why should I use a solicitor for probate?
You do not have to use a solicitor to get a grant of probate or letters of administration. However the death of a loved one can be an extremely stressful time and dealing with the affairs of the deceased can be complicated and take a long time. Therefore it is sensible to seek legal advice at least at the beginning.
Disclaimer
The answers to these questions contained in this FAQ document are very general in nature and should not be relied upon in relation to any specific set of circumstances. Specific advice should be sought from Cohen Cramer in relation to your specific circumstances.
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