The word probate is normally used to refer to the area of law that deals with both the legal and financial processes which are carried when a loved one has unfortunately passed away. Losing a loved one is a distressing, emotional and difficult time for loved ones, so the idea of dealing with the deceased’s legal matters on top of grieving for a loved one can only add to the upset. Which is why there are probate solicitors Emsworth who are experienced in dealing with the administration of estates, who will be able to assist family members during what can be a lengthy and complex period.
If you have lost a loved one and they have left a will, the deceased will have appointed executors to deal with their estate. If you have been named the executor/personal representative of the will, it will be your responsibility to administer the estate as stated in the will. However, before you are able to claim, transfer or distribute any of the deceased’s assets, there can be a legal obligation to apply for a grant of probate. This is where a probate solicitor Emsworth will be able to provide valuable legal assistance.
Applying for a grant of probate
A probate solicitor Emsworth will be able to advise as to whether you need to apply for a grant of probate; as it is not always necessary to apply for this and an estate can be dealt with simply. On the other hand, if it is established by the probate solicitor that a grant of probate is needed to administer an estate, they will be able to ensure that not only is the estate managed correctly to adhere with the deceased’s wishes, but that all legal matters are covered and nothing is left unresolved.
Once it is established that a grant of probate is required, the probate solicitor will aim to collect all the necessary information to identify all of the deceased assets, such as properties, possessions and investments as well as any liabilities the deceased may have had such as utility bills or loans. If applicable, this will also be the time to establish whether inheritance tax will need to be paid to HM Revenue and Customs. Once this has been done, the probate solicitor will draft the relevant legal documents which are required in order to obtain the grant of probate.
If the grant of probate is granted, the deceased’s assets will be able to be distributed as per their will.
There are circumstances where a loved one passes away without leaving a will. If this is the case, their estate will be shared out according to the rules of intestacy. This means that the estate of the deceased will be shared out to certain family members. So, if the deceased left a spouse or civil partner, they will inherit the majority of the estate. The remaining family members will also be able to receive part of the estate but this will be allocated in a strict order, as per the rules.decision.