Wills, Trusts & Estates News

What is Probate? Sion Roberts

Probate is a term commonly used when talking about applying for the right to deal with a deceased person's affairs (often referred to as administering the estate).

In practice, different terms are used depending upon whether or not the deceased person left a will.

When a person dies somebody has to deal with their estate i.e. their money, property and possessions. This procedure involves collecting in all of the assets, paying any debts and distributing what is left to those people entitled to it (the beneficiaries).

The Grant of Probate is essentially a Court Order which is given to the person of persons who are entitled to administer the deceased person's estate. The Grant of Probate establishes the authority of the executor to act on behalf of the estate and also establishes the validity of the deceased person's will.

A Grant of Probate is usually necessary to release funds from bank accounts and other investments and also to deal with the deceased's property.

How do I obtain Probate?

If the deceased person made a valid will, then that document should have appointed executors. These are the people entitled to deal with the administration of the estate. If the will does not appoint a solicitor as executor or direct that a solicitor should deal with the estate, then the executors are free to administer the estate themselves.

The procedure for obtaining probate can be problematic and often executors prefer to have professional representation when dealing with the estate.

At Lees Solicitors LLP we have a specialist team of solicitors and other legal professionals located in four offices across Chester and the Wirral who are suitably qualified to help. It is often possible to have a discretionary free telephone consultation at the outset of the matter at which the executor's options can be considered. Appointments can also be arranged to discuss matters at a location which suits you best. Our office locations can be found on the Contact Us page. Home visits can also be arranged but would be subject to an additional charge.

Before an application for a Grant of Probate can be made, certain procedures need to be followed. There are three main steps which need to be taken before a Grant of Probate will be issued:

• Firstly, finding out the value of all the deceased's assets and liabilities.
• Applying to the Court for the Grant of Probate.
• Agreeing with the HM Revenue and Customs how much Inheritance Tax is payable.

Once the Grant of Probate has been issued, the executors can then proceed with the administration of the estate which will involve cashing in the assets, paying any liabilities and distributing the proceeds to the beneficiaries.

If a person has died without having made a valid will, then statutory rules known as the laws of intestacy provide who will deal with the estate and who will benefit. In such circumstances a Grant of Letters of Administration will be required. The procedures for obtaining such a Grant are very similar to those which must be followed when obtaining a Grant of Probate. Lees Solicitors LLP are able to provide appropriate advice in relation to dealing with estates to which the rules of intestacy will apply.

To arrange an appointment please contact one of the members of our Wills, Trusts & Estates team on 0151 647 9381

Sion Roberts

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