The Probate Process

When a loved one dies, before probate is granted, no one has the right or obligation to deal with the deceased’s estate. Their assets and property cannot be dealt with until the Probate Registry grants a Grant of Representation giving legal authority to the Executor nominated in the deceased’s Will.

This assumes that the deceased did leave a Will, in which case the estate passed to whoever is named within it. If no Will was written, then the Rules of Intestacy apply.

It is difficult to state with certainty how long the probate process will take. This depends on a number of factors, such as how many assets there are, the type of those assets, and whether the supporting documents are readily available. Generally speaking, the probate process does take some months.

The Executor’s duties;-

The Executor has certain duties, such as providing details of all the deceased’s assets and debts. A tax return can then be prepared in respect of the estate.

Other executor’s duties are;-

To inform relevant people of the death; next of kin, close family and those named in the Will as heirs.
To inform relevant people, as above, of their role as Executor.
To obtain the Will and carry out its contents.
To register the death, if this has not been done.
To make the funeral arrangements.
To locate any beneficiaries.
To make a list of all the deceased’s assets, locating all the necessary paperwork, such as bank statements, cheque/paying in books, building society passbooks, mortgage statements, credit card statements, stocks and share details, pension details, business accounts and any cash.
To make sure the property is secure i.e. locking doors/windows and setting alarm.
To obtain the death certificate.
To locate any insurance policies i.e. life insurance, house insurance.
To gather together all unpaid household bills and other debts, and then to ensure that those debts are paid by the estate by locating any creditors.
To gather together all tax documents and wage slips.
To complete and file any necessary tax return.
To ensure that the net proceeds of the estate are distributed in accordance with the Will.

As you can see, the task of acting as Executor is very demanding and you may need specialist advice from a Probate & Estates Solicitor in order to carry out all the necessary duties.

You can be sure that our Probate & Estates Solicitor can provide you with guidance and support, taking away the problems sometimes faced by Executors, such as locating missing beneficiaries and filing the necessary tax return.

Call our Probate & Estates Solicitor, Stacey Phoenix, for free no-obligation legal advice.