WHAT IS PROBATE and why do i need it?
Probate occurs after someone has died and is the process of proving that the deceased person’s Will is valid and then giving the deceased’s Personal Representatives the right to deal with their assets and estate.
How does Probate work?
Probate works slightly differently depending on whether the deceased person left a Will or not. The process is different, but the end result is the same – the executors (where there is a Will) or administrators (where there is no Will) are given the authority to deal with the estate.
Whether or not the deceased person left a Will can have a substantial impact on completing Probate. Wills are used to appoint executors, set out wishes in relation to funeral plans, guardians for children, distribution of property.
Probate of a Will
If the deceased person left a Will, they will have named one or more people in the Will to act as their executors. The executors will need to apply to the Probate Registry for a Grant of Probate (unless the estate does not require a grant to be administered). The Grant of Probate is a legal document which will enable the executors to deal with the assets and estate. They can use it to demonstrate that they have authority to collect the deceased person’s property, money and possessions and distribute them as set out in the Will.
Probate where there is no Will
If the deceased person did not leave a Will or it is invalid for some reason, the law sets out how the Probate process works and who is entitled to administer the deceased person’s estate. There is a set order of people who can do this, beginning with the deceased person’s:
- Husband, wife or civil partner
- Children (if 18 or over) or grandchildren (if 18 or over) if their parent died before the deceased person
- Brothers and sisters
- Other family members
The people entitled to administer the deceased person’s estate where there is no Will are called administrators. The administrators can apply to the Probate Registry for a Grant of Representation (usually a Grant of Letters of Administration). This, like a Grant of Probate, is a legal document which will enable the administrators to deal with the deceased person’s assets and distribute them to the people entitled to them under law.
The Government provides a Probate search service which allows you to search for any Grants of Representation since 1996. When someone dies their Will becomes a public document, as does the Grant of Representation (the legal document which enables executors or administrators to deal with the deceased person’s assets).
C Hardman (Executor)
"Well informed, helpful and efficient throughout the whole probate journey. I was particularly impressed by the speed of response when I had questions"
V Garner (Executor)
"Thank you for dealing with the probate so efficiently. I would not hesitate to recommend your services in the future."
J Jackson (Executor)
"It has been my absolute pleasure to have met Michael and for him to act on my behalf, a wonderful, professional, caring person whose services I would recommend to anyone."
Peter Nash/Paula Cranmer (Executors)
"I would recommend Laurelo to anyone who needs good and sensible advice about the probate process at a very reasonable price."
A Wilson (Executor)
"I wouldn't hesitate in recommending Laurelo in what, at the outset felt like a daunting task, but in reality once explained to us and the burden of completing the forms taken away and completed by a professional the process was seamless."
Lorri Turner Senior Manager (Herongate Wood)
“I have always found Michael at Laurelo to be engaging, honest and supportive of the customers needs. The offer of a home visit to see clients within their own familiar surroundings further supports this. I have no difficulty in recommending their services."
G Perrett Will Protect Ltd & Executor
“Michael's professionalism and knowledge of every aspect of probate is only matched by his sensitivity and patience. He instinctively knows what to say and when to say it and I am so grateful to him for helping me navigate the most difficult period of my life so far safe in the knowledge that I could simply "park" this part of the process and leave it with him to "sort out"."
K Whittle (Executor)
“They provided a professional and emphatic approach and took all the stress away from dealing with probate. Filing the forms very promptly and the whole process was dealt with in just over a month. I would highly recommend and I again thank them for their help."