Before you even start: Probate can be a long process and you will need to determine if this is something you want to undertake. It might prove to be an emotional journey at a time when you are feeling vulnerable and grieving. Whether you are an executor or the next of kin, you have choices as whether you wish to act. You could decide to act yourself through the process, but still engage a professional service to help you. Most professionals will agree to take their fees from the estate assets at the end, as opposed to insisting that you pay in advance. At Maple Wills we will help you deal with Probate with unlimited consultation. Once agreed to progress with our services, our fees are fixed and agreed in advance.
Two thirds of people appoint a professional to help them with Probate and common reasons include:
Personal Reasons
Practical Reasons
Losing a loved one is never easy, and dealing with their estate can feel overwhelming during such a difficult time. Probate is the legal process of managing someone’s affairs after they’ve passed away. If the person left a Will, the Executors named in it will need to apply for a Grant of Probate. If there is no Will, the responsibility falls to the closest next of kin, who must apply for Letters of Administration.
At Maple Wills we understand that this process can be confusing and emotionally challenging, which is why we’re here to help. If you’re unsure who the next of kin is, we can assist by building a family tree to identify the right person. Our caring and experienced team is here to guide you every step of the way, offering support with sensitivity and professionalism.
A Will sets out how you want your money, property, and possessions to be distributed after your death and allows you to appoint guardians for children under the age of 18.
We can’t predict when our time will come to an end. You’ve worked hard every day, putting in the effort to get where you are now. Ultimately, we want to share the results of our lifelong work with our loved ones. Giving the product of our life’s work as a gift is the biggest and best thing we can do – it’s everything we own. It’s crucial to make sure this is done right – by writing a Will.
At MapleWills, we understand the importance of Wills and estate planning. Our experienced and compassionate team is here to guide you through process, ensuring you have a legally sound Will that captures all your requirements .
We’re dedicated to making sure your legacy is preserved as you envision
Don’t wait to protect your family’s future. Contact us today.
At Maple Wills, we understand the importance of Wills and estate planning. Our experienced and compassionate team is here to guide you through process, ensuring you have a legally sound document that captures all your requirements . We will talk you through writing your Will/Trust/LPA in clear cut, unambiguous language so you fully understand your options and make the right choices for you and your loved ones.
We write Wills/Trusts and LPA’s every day, and we will guide you towards choosing the most appropriate will for your circumstances, we are dedicated to making sure your legacy is preserved as you envision.
Maple Wills complies with the strict industry rules and checks required. Alongside professional indemnity insurance, this will ensure you receive the trustworthy professional and confidential service you require. Don’t wait to protect your family’s future. Contact us today.
Firstly, values of the assets need to be gathered to determine if there is any Inheritance Tax to be paid. Once this has been dealt with the application for the Grant of Probate can be completed and submitted to the Probate Registry. Once Probate has been issued by the Probate Registry the estate can be administered. This includes gathering in the assets (such as closing bank accounts) and distributing the estate to the beneficiaries in accordance with the Will or the Rules of Intestacy.
You may need probate if your husband/wife/civil partner dies. It will depend on what assets they had and who they are passing to under the Will or the Rules of Intestacy.
Usually jointly owned assets automatically pass to the surviving owner without the need for probate. There are however certain assets which may still require probate. For example, probate may be required for a house owned jointly as tenants in.
Probate is the process of proving that a Will is valid (f there is one) and confirming who has authority to administer the estate of the person who has died. If the estate is anything other than very small or simple, you will need to apply for a grant of probate. Probate is definitely required If you need to sell property on behalf of the estate or, if any banks or organisations where the deceased held sole accounts with advised that a grant was required. If you are unsure whether or not a Grant of Probate is needed, a solicitor will be able to advise you whether or not it is needed.
It is best practice to obtain a grant of representation in order to protect the personal representatives in this situation. This is due to the fact the property will form part of the deceased’s estate and will need to be distributed in accordance with the terms of the Will or rules of intestacy (if there is no Will). Therefore, our advice would be to obtain a Grant.
If the person who has passed away left a valid Will then the executor or executors appointed in this Will are responsible for applying for probate. If there isn’t a Will, the estate passes under intestacy and the rules of intestacy will determine whose responsibility it is to get probate.
A personal representative, also known as an executor or administrator, is the person legally responsible for the money, property and possessions of the person who has died. The personal representative is responsible for the assets from the date of death until the date everything has passed on to the beneficiaries.
If you are named as an executor you are entitled to decline the appointment should you wish to do so. You may feel unable to act for any number of reasons such as health, your age or family or work commitments although it is worth noting that you do not have to give a reason when refusing to act.
If there is property in a deceased’s estate to be sold a grant of probate will definitely be required. Even if there is no property to be sold, some banks or organisations may require the grant of probate to release the funds from a deceased’s accounts. The thresholds to which banks or organisations will release funds without a grant of probate do vary and can change.
A grant of probate will not always be required to cash in premium bonds but it will depend on the value of the deceased’s premium bonds.
The time to obtain a Grant of Probate will depend on the complexity and the value of the estate, and if inheritance tax is payable. At the moment Grants of Probate are taking on average of 16 weeks to obtain once applied for; but may vary depending on complexity of a case.
Generally, there is no need for probate if the estate is small. A small estate normally contains no property and a small amount of money. Different banks and building societies have their own threshold for probate so they would need to be contacted.
