This seems to be a word that strikes fear into many people when they have been told they are or asked to be an executor.
Many people think it’s something that MUST be done by a solicitor which is very far from the truth
Firstly, Probate is the Legal Document that allows the Executors of the Estate to deal with Banks, Shares, Pensions & Property of the deceased in order to do this an application is made to the Probate Registry and a Grant of Probate is given
It is currently needed for Estates over £5000 and can take upto 6 months or more.
Should a person die without a Will then the MOST entitled inheritor can apply this is the closest living relative to become the Administrator of the Estate and will have to apply to Probate Registry for ‘a grant of letters of administration’ of the estate in order to proceed with probate.
It is worth bearing in mind You cannot apply if you’re the partner of the person but were not their husband, wife or civil partner when they died.
As the executor of a will or administrator you have personal and unlimited liability, which means that if you make a mistake you could end up footing the bill for any financial or legal claims that occur as result of your actions. This takes effect as soon as you undertake the role.
Claims may be brought against the executor in relation to the estate for up to 12 years after the death of the estate owner has been registered
It is a complex and time consuming job and we are able to help with this should you need us too with either just The Grant of Probate or a full Probate Service in conjunction with specialist solicitors
- Ash, Wybunbury
- Calico, Nantwich
- Louise, Wybunbury
- Rachel, Crewe