The Probate Process Explained

Coping with the loss of a loved one is by no means an easy task, we hope by explaining the process of Probate and Estate Administration that some of the issues that you may have whilst dealing with the affairs of the deceased are made clearer.

Before the ten step Probate process can begin there are several issues that should be addressed.

What happens when a loved one dies?

The first step in dealing with the death of a loved one is to register their death and make funeral arrangements. The deceased may have made specific arrangements in his or her Will, it is for this reason a good idea to obtain the original Will before making any plans with the funeral home simply to ensure that any personal wishes upheld.

Obtaining the Will

If the deceased created a Will during his or her lifetime the original copy should be located and obtained. It is possible that the Will may have been kept at the home of the deceased, stored securely in a deposit bank at their Solicitors or at a bank. Solomons Solicitors we will gladly store your Will free of charge in our secured Wills Bank.

What happens if a Will wasn't created?

If there was no Will was created during the deceased’s lifetime the rules of Intestacy will be applied, this means that the law will dictate not only who will manage the estate but also who will benefit from the deceased’s estate.

It might useful to read our guide on 'Making a Will' and our 'Free Wills Guide' detailing the recent changes in intestacy laws and what would happen to your estate if you did not make a Will which accurately reflects your personal and financial circumstances.

Administering the Estate

The duty of an administrator is to distribute the estate in accordance with the law. One of the first stages in this process is to ensure that all assets are secure. This might involve removing assets from an unoccupied property; it might be wise in certain situations to do this before a funeral takes place.

If you are planning on doing this it might be advisable to have a witness present and to accurately record steps taken in the administration process. In cases where a person wishes to ensure impartially or in instances where a person lacks the mental capacity to make decision, Solomons Solicitors will act as an executor/administrator if required.

Obtaining a Grant of Representation

A grant of representation is a document issued by the Courts which enables the person(s) named in it to deal with the estate of the deceased. It allows the money in banks, building societies etc. to be collected, property to be sold or transferred and debts to be paid.

There are three types of grant of representation:

• Probate: granted to the executors named in the Will.
• Letter of Administration: granted to someone other than an executor when the deceased left a valid Will.
• Letters of Administration: granted when the deceased did not leave a Will.

All these documents give the same authority to administer the estate. To obtain a Grant of representation it is necessary to submit various documents to the Probate Registry, Solomons Solicitors would be happy to help you do this.

10 Step Guide to the Probate Process:

1. A Grant of Probate (or Administration) needs to be obtained.
2. An Executors bank account needs to be opened to hold and monies until it is ready to distribute under the terms of Will or Intestacy.
3. Assets should be registered in your name.
4. Any Cash balances or life policies need to be claimed.
5. Shares and Cash Bonds are sold.
6. Property is placed on the market
7. Advertise for further creditors.
8. Estate Accounts should be tallied up.
9. Any assets should to be distributed in accordance with the Will and Trusts set up where necessary.
10. Close estate accounts.

For further advice and information regarding the Estate Administration and Probate process, or to book a free consultation please contact us. Alternatively, please see our Fixed Rate Probate Package.