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In England and Wales, Probate is the word normally used to describe the legal and financial processes involved in dealing with the property, money and assets of a person who has died.
Before the next of kin, or the Executor named in the Will, can claim, transfer, sell or distribute any of the deceased's assets they may have to apply for Probate.
The process for dealing with someone's affairs will depend on whether you choose to do it yourself or appoint a solicitor or a probate professional to act on your behalf.
The probate process can be complicated and most people will use a professional help them.
If the estate is complex then we strongly advise you to use a probate specialist.
However, you can choose to do it yourself and to do so you will need to complete the relevant forms.
If you are in England you will need to apply to the Probate Registry.
You will then be responsible for gathering all the information regarding the deceased's assets and then distributing the estate to the beneficiaries. You will also need to notify the banks and relevant government authorities.
However, before you are able to deal with the affairs of the person that has passed away, you first need to obtain a grant of probate.
The purpose of a Grant of Probate is to ensure whomever was named the administrator of the estate will oversee certain proceedings in the event of someone’s death.
The administrator is ultimately responsible for collecting the assets, paying any outstanding debts, and distributing the assets to the beneficiaries.
Once you have the Grant of Probate you can start to deal with the affairs of the person that has passed away.
If the person that died did not leave a Will, the law will determine who will receive what.
When it comes to the probate process itself can be split into 5 steps. I will just quickly run you through these steps.
Step 1 involves identifying the value of the estate. To do this you need to work out all the deceased's assets and liabilities.
Step 2 will involve paying any inheritance tax that is due to HMRC. This has to be done within 6 months of the date the person passed away.
In addition, you will need to apply to the Probate Registry for the Grant of Representation. This is a legal document that gives you the legal authority to administer the estate.
Step 3 will involve paying the final estate administration expenses and letting HMRC know if there are any further taxes due, such as inheritance tax, income tax or capital gains tax.
Step 4 involves preparing the final estate accounts. This will document all payments in to and out of the estate and also show what is left to be paid to the beneficiaries.
The Estate accounts will then need to be to sent to the personal representatives, such as the executor of the Will for approval.
The final step, step 5, is distributing the estate to the beneficiaries.
So there we have it. Those are the 5 steps involved in Probate. As you have heard, there is quite a lot to do and the process is not always straight forward.
When it comes to how long probate takes, we would say that typically it takes between 6 and 9 months, but if there is a contentious probate, then it can take a lot longer, and over a year in some cases. However, even the most straightforward of cases can take up to 6 months.
If there are any other questions you would like answering about probate, please leave these in the comments section below and I will respond to them.
Also, please do subscribe to our channel for more informative videos on elderly care issues.
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