What is Probate?

When a loved one dies it is necessary for somebody to deal with their "estate". A person's estate consists of the money, property and any possessions they had at the time of their death. This procedure is called Probate and means collecting any money that they are owed, settling any debts due (including outstanding taxes) and dividing the estate amongst the respective beneficiaries.

All assets (including property) in an estate will remain frozen, until a ‘Grant of Representation' is granted. This document confirms who is authorised to administer the estate. KPSolicitors will begin this process very early without placing any burden on the beneficiaries.

When is probate necessary?

A Grant of Representation is usually necessary where the deceased held assets of more than £5,000 in their own name. Where assets are held jointly, e.g. with a surviving spouse, a Grant will not normally be necessary as these assets usually pass automatically to the survivor. However a large number of estates will require a Grant to complete the administration. Banks, insurance companies etc will wish to see this document to confirm they are dealing with the right person.

Letters of Administration

Where there is no Will or the Will is deemed invalid then you are said to have died intestate. This will result in the law deciding who gets your estate. Usually the deceased’s next of kin will make an application for a Grant of Letters of Administration and they will be appointed as the Personal Representative.

How KPSolicitors can help you

If you are in doubt as to whether you need a Grant of Probate simply call us without obligation.

The Administration of an estate can be very stressful and time consuming, especially if there is a property to sell.

When you appoint us, you choose how much of the work you want us to do, we can do all of the Administration or merely assist you with part of it.

We can liaise with the estate agent and the coordination of the house sale if necessary.
We can complete the complex Inheritance Tax forms which have to be completed in every estate whether or not Inheritance Tax will be payable.
We can advise on the use of a Deed of Variation, which could save Inheritance Tax on the estate.