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Applying for Probate What You May Need to Know

November 9, 2019 By Richard Farrell

A death in the family is a distressing event. It leaves them scrambling for advice regarding what to do with the deceased’s possessions. This is what probate is in England and Wales, although that’s just a legal term for sorting their things out.

When someone dies, the government steps in to protect their interests. They don’t want people having a free for all, and taking what they like. Applying for probate is asking to act on behalf of a deceased person, so their hopes and wishes come true.

Two Types of Permission in One Probate System

If the deceased person left a will, then their executor applies for a ‘grant of probate’ to administer it. If the will is straightforward, a trusted friend or family member could be executor and sort it out. However, if the will is complicated, or there are objections then a solicitor may be a better choice.

If the deceased person did not leave a will, or the authorities regard it as invalid then they will issue ‘letters of administration’ instead. This means the executor must distribute the estate. Under these, married partners and close relatives enjoy preference when the estate is shared out.

However, probate / letters of administration from the government may be unnecessary if all the deceased’s possessions were jointly shared. In that case they automatically belong to the other stakeholder(s). Savings and premium bonds are also exempt if they were the only asset.

Stage One in the Process – Who May Apply to be Executor

If there is a will and it – or a codicil – names an executor then that’s the only person who may apply. If there is more than one executor then they must decide among themselves who does so. If the will does not mention anyone, then the probate office will make the final decision.

However, if the person did not leave a will, then their spouse, civil partner, or child at the time of their death are likely candidates to request letters of administration. Again, they must decide among themselves who accepts the task.

Stage Two in the Process – The Executor’s Duties

The first challenge is finding the most recent original will, together with any updates (codicils). Wills are typically kept in the deceased’s home, with their solicitor or bank manager, or perhaps at the London Probate Department.

The authorized executor can then close out the estate, and distribute the assets according to the will, or the rules of intestacy whichever applies.

That’s All Fair and Good But What About an Unwilling Executor

Nobody in Wales and England has to be an executor. They can irrevocably renounce their executorship by informing the probate office, and leave it to them to find a replacement. Alternatively, they could choose to reserve their right until a later date if they are the only one.

Perhaps it is better to delegate an attorney to act as executor in these two instances. That way, the heirs can receive their entitlements sooner, and the living can get on with their lives.

Filed Under: Probate Valuation Tagged With: applying for probate, finding the will, grant of probate, house contents valuation for probate, probate house contents valuation

Our House Clearance Services

We provide a full house clearance and property management solution:

  • We clear hoarded houses, regardless how big or how cluttered
  • We clear all types and sizes of property, irrespective of location, or access is restricted or where parking is difficult or not available.
  • We can help avoid water damage by draining the central heating system.
  • We can secure the property and change the locks.
  • We can reinstate the gardens and maintain them whilst the property is empty.
  • We can provide 24 hour security to eliminate the risk of squatting or unlawful occupation.

As well normal house clearances we specialise in clutter clearance and we can clear a hoarded house which may contain years of accumulated possessions, or which have abnormal amounts of general household items, sometimes as a result of compulsive hoarding syndrome.

Equally we can help to clear a property where the occupants were previously unwell and unable to care for themselves or their property which sometimes results in insanitary, dangerous or just plain unpleasant conditions.

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