Understanding the Probate Service

“Probate”is the word commonly used for the administration of a deceased’s Estate. It actually means the name of the legal document that is produced by the High Court if the deceased left a valid Will with surviving Executors.

There are several ‘Grants’ that can be issued, but the most popular are the Grant of Probate and the Grant of Letters of Administration, for when someone dies “intestate” (without a Will).

Role of Administrator or Executor

Simply, it is the responsibility of the Executor or Administrator to deal with all aspects of the administration of the deceased’s Estate. In practice, many Executors and Administrators ask a solicitor to do this for them, due to the sizeable amount of paperwork that is generated.

Solicitors can be appointed as Executors and this is usual where you wish to ensure that a particular firm carries out the administration of the Estate for you, especially where there is a house involved.

The solicitor holding the Will should be approached as soon as possible after death in order that they can make the necessary arrangements for the administration of the Estate. If there is a Will and it is held by a solicitor you must inform that solicitor of the death as soon as possible.

A list of assets and liabilities will be compiled. If necessary, assets will be professionally valued. Once the values of the assets and liabilities have been obtained, the necessary Inland Revenue forms will be completed, a formal Oath will be sworn and the application made for the appropriate Grant .

The assets of an Estate cannot be encashed, or a house sold, until the Grant has been issued. Even when the entire Estate has been liquidated, it is not always a good idea to distribute it amongst the beneficiaries. There are two specific deadlines that have to be considered – one for creditors of the estate and another for potential beneficiaries to make a claim. 

Also, an Executor or Administrator is not legally obliged to distribute an Estate until one year has elapsed from the date of death. Most non-professional Executives do not know this, and will make payments from an Estate without being aware of the personal liability they may have. Administrating an Estate can be a complex and time-consuming task. 

Asking a solicitor to act on your behalf is not an admission of defeat – it is extremely sensible! A good solicitor will keep you involved in the process, and provide you with regular updates. You should always use a solicitor who is experienced in dealing with Estates, preferably one who is a member of the Society of Trusts and Estates Practitioners (STEP), a prestigious organisation for those who are specialists in the areas of Wills, Trusts and Estates.

Probate Advice

Funeral Planner have linked up with TWP LLP and offer probare services.

www.FuneralPlanner.co