The death of a loved one is always a difficult time. Emotions can run high and the administration of personal affairs may become draining. Unfortunately, this is exactly when some complicated legal processes, such as obtaining a Grant of Probate, need to be carried out. Seeking early legal advice from Simply.Law member lawyers can help you feel in control from the start.
The probate process
When a person dies they will usually leave an estate to be administered. Or, in other words, one person needs to deal with the debts and assets of the deceased, i.e. money, belongings or property. A valid Will should name an executor and this person needs to apply to a section of the court known as the ‘probate registry’ for a Grant of Probate.
Dealing with an unfamiliar legal process can be very stressful. Simply.Law member probate solicitors have solid experience in this field and they will be able to support you through this sad and difficult time. We can connect you instantly with a probate specialist who will listen to your circumstances and be able to start advising you straight away.
Can estate administration be carried out without a Grant of Probate?
No. Someone, usually the executor, will need to apply for this as it is a legal document which provides confirmation that the named person holds the authority to deal with any assets of the deceased.
What does a Grant of Probate do?
Essentially, this document exists to protect the interests of other interested parties once the testator (person who made the Will) passes away. It seeks to ensure that all assets are dealt with properly and appropriately. It demonstrates the legal right of the executor to be carrying out the estate administration.
It confirms:
- that the writer of the Will has died
- that the Will itself is authentic and valid
- that the executor is who he/she claims to be
This document does not have an indefinite shelf-life, it is only valid until the wishes of the testator have been executed/fulfilled.
In most cases, your probate solicitor will do everything necessary to ensure that Grant of Probate is applied for in a timely manner and that the process is smooth.
Simply.Law member probate solicitors – there for you when you need them
Getting to grips with probate can be challenging and early legal advice is recommended. Simply.Law member probate lawyers can be on hand immediately to guide you through this process.
Contact Simply.Law at ask@simply.law today so that we can help you find the right member solicitor for your probate and estate administration needs.
