Once a person dies, their Will goes into probate. This is the process where the Executor(s) of the Will applies to get a ‘Grant of Representation’ or a ‘Grant of Probate’ to access the estate of the deceased person and distribute everything according to the Will left.
You can apply for the Grant of Probate, as can a solicitor on an individual’s behalf, or an external person licensed to provide a probate service.
Probate can sometimes be a confusing process, to make things easier to understand, we’ve broken the process down.
The process of probate can be broken down in 5 steps:
1. You will need to check that there is a Will in place. This will normally detail who should be the Executor of the Will; if not, you will have to apply for the Grant of Representation.
Should there be no Will at all, the next of kin can then apply for ‘Grant of Letters of Administration’ and become an ‘administrator’ of the estate.
2. Apply for probate, or Grant of Representation. This will give you legal access to the person’s estate.
3. Pay any Inheritance Tax that is due, as well as any unpaid debts.
4. Collect all of the estate’s assets, such as money from the sale of the person’s property.
5. Distribute the estate, according to the Will, to all beneficiaries listed in the Will.
We know that the process of probate can be long and sometimes stressful, we at Abacus Wills and Trusts can put you at ease and guide you through the process, as well as being able to help and advise you in appointing Executors in your own Will.
If you have any questions or queries on the process of probate, or if we can help in any way, please don’t hesitate to contact us.