Why you should seek help from a Probate specialist
When someone dies anything they leave behind such as properties and possessions will have to be dealt with on their death. The person who is responsible for dealing with a person’s estate when they die is called a personal representative. A personal representative can either be an executor named in a Will or, if there is no Will, an administrator appointed by the court and they are usually a close relative of the deceased.
If the deceased left properties and possessions worth over ?5,000 then a process called Probate is required and the personal representative will need to apply for a Grant of Representation from the Probate Registry. A Grant of Representation is a legal document which gives the personal representatives legal authority to deal with the deceased’s property and financial affairs and to distribute legacies of the estate to the beneficiaries.
Probate can often be complicated, confusing and lengthy, often taking months to complete and the role of a personal representative comes with many responsibilities not to mention they are legally liable for everything they do or fail to do in settling the estate.
When you apply for a Grant of Representation you’re promising to the court that you’ll follow the instructions of the Will or, if there is no Will, the law of succession (set out in the Administration of Estates Act 1925). It’s important to get it right otherwise you could run into complications with the court and the beneficiaries.
There are several tasks you must carry out and official departments you may have to deal with to ensure the deceased’s debts are paid off and their belongings go to the correct beneficiaries. Complications can arise if a Will is missing or if beneficiaries cannot be traced. Things can also get problematic if there is more than one personal representative and they can’t agree on an issue related to the estate.
It is always advisable to seek help from a Probate Specialist. A Probate Specialist can help you understand what is required to administer the estate, guide you through the whole process from start to finish as well as helping you deal with all the required paperwork and sort out any problems that might arise. They can:
. Help you understand if Probate is required on the estate
. Check whether the Will is valid
. Help you establish whether any inheritance tax is due on the estate (which must be paid before a grant of representation is made)
. Apply to the court for the Grant of Representation
. Collect in all the assets of the estate
. Distribute inheritance to the beneficiaries of the estate
However, it is important to note that most Probate Specialists charge a fee to take on the role of a Personal Representative so it is always important to find out what their charges are before handing the role over to them.
For help with all probate matters, including what intestate means, get in touch with a probate specialist today.
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