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No Probate Secrets After ‘Mysteries’ Explained by Experts

March 19, 2019 By Avery Associates

If someone dies they leave an estate behind. Their ‘balance sheet’ may be in debit or credit depending on how they managed their finances. Any debts should be settled before their heirs receive their shares. These are typical examples of what might appear on the deceased’s ‘books’.

Assets and Liabilities on the Balance Sheet

# Cash in hand, and money freely available from bank accounts

# Any money paid, or due from a life insurance policy in their name

# Any moneys owed to the deceased person at the time of death

# Any fixed property, shares or personal property they owned

# Any money the deceased owed at the time they passed away

If the deceased person nominated you as executor in their will, you can’t just go ahead and shell the assets out. One of the probate secrets people may not know is you may have to apply for an authority first

Another One of Probate Secrets: You Don’t Have To

It’s a generally accepted fact people can’t rule from the grave by forcing someone to do something. Citizens Advice confirms you don’t have to act as executor if you don’t want to. However, if you do it may be wise to apply for a probate.

This is a legal permission the UK Government gives you to act in good faith. However, if the deceased person did not leave a will behind to guide you, what do you do?

You May Be in Deep Waters If You Don’t Know These Probate Secrets

You could snooker yourself if you apply for a probate where there is no will. The law is quite specific in this regard. It says you must apply for letters of administration under any of these circumstances.

# There is no will or the will is ‘invalid’

# The will does not name any executor(s)

# No named executors are willing to act

You may not act as an executor under these conditions. You must apply for letters of administration if you take it on yourself to distribute an intestate estate. This option follows a different process from the probate secrets we shared earlier.

Things to Know Before You Apply to Become an Administrator

You may only apply to be an administrator if the deceased left all their assets to you. OR there is no administrator prepared to take it on. You may also apply in the capacity of next-of-kin if one of the following applies in this order of priority:

# You are the married / civil partner of the deceased

# You are a child of the person who died

# You are a grandchild of the person who died

# You are a parent of the person who died

# You are a sibling of the person who died

# You are a niece / nephew of the deceased

# You are another relative of the person who died

An unmarried partner or same sex partner not mentioned in a will may not apply for probate or act as an administrator. Partners – married or not – should therefore have wills appointing each other to avoid these burdens. You don’t need someone challenging you while mourning for your partner.

Filed Under: Chattels Valuation Tagged With: balance sheet, citizens advice, next of kin, probate contents valuation, probate secrets

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.

More info

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Client Reviews

Mar 8, 2021
by Jason Sims on Avery Associates
South Coast House Clearance & Document Retrieval

"I would like to thank Jeffrey and everyone at Avery Associates for assisting my dad and me. Following a death in the family, my father had to make last... Read More

Mar 4, 2021
by Ian Corben on Avery Associates
Probate Valuation & House Clearance

A one stop shop from beginning to end for myself as a first time executor.From our first call I was confident Jeff not only understood the issues with... Read More

Thank you Ian and it was a pleasure to assist you, we know how hard this process can be trying to find different service providers can be a nightmare so we feel very happy to ease the burden by providing all the services you require from one port of call.RegardsJeffrey Avery

Mar 4, 2021
by Sarah Lennie on Avery Associates
House Clearance After Probate

I just wanted to give my feedback I have recently moved my mother from her house and had the difficult task of clearing what was left in her... Read More

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Tel: 0800 567 7769 or 0208 640 0044

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