Our Probate Support service can help you through the difficult times following the passing of a loved one, colleague or friend. You don't always need a solicitor to guide you through the process of applying for and obtaining a Grant of Probate through the Probate Court - which is where we can help you.
Our specialist team will provide you with all the advice and support you need to ensure that the probate and probate valuation process is as smooth and stress free as possible.
What is Probate?
Grant of Probate is a legal document issued by a probate court that confirms the executor's legal authority to administer the estate of a deceased person.
It is necessary to obtain a Grant of Probate if the estate is valued over a certain amount, and it is necessary to apply to the probate court in order to receive it. The process of obtaining a Grant of Probate can take several months, depending on the size and complexity of the estate. Our experienced team of probate professionals can help guide you through the process and ensure that everything is handled efficiently.
There are two methods of applying for a Grant of Probate, digitally, or by using the 'old fashioned' manual process. Digitally is much quicker and preferred by the courts. We can apply on behalf of executors, usually digitally, which can be very useful if the executor is not familiar with the internet, scanning, uploading documentation, etc.
In the UK, an estate's value does not determine whether or not it has to go through the probate process. Instead, the estate's probate path is dependent on a number of factors, including the type of assets that are in the estate and whether or not the deceased person left a valid will.
Generally, if the deceased person owned property or land, then their estate will almost certainly need to go through probate regardless of its value. Probate will also be required if the deceased had assets in their own name that are worth more than a certain amount (determined by HMRC), even if they did not own property. The amount that triggers the probate process is set by the Treasury and it can change over time. As of 2023, this amount is £50,000.
However, in certain cases, where the assets are held jointly and/or assets pass directly to a surviving joint owner or a beneficiary named in the will, probate may not be needed.
If there are financial assets, such as cash in a bank or building society account, each bank has its own set of rules which differ from bank to bank. Some don't need probate if the amount they hold is under £5,000, some set it at £10,000 and other have a £20,000 threshold above which it will be necessary to gain a Grant of Probate before they release the funds to the executor. Generally speaking, if the funds are below their threshold they will usually release the funds upon receiving a simple form signed by the executor.
The above highlights the complexities involved when dealing with something you don't do on a regular basis. Because we have been involved with hundreds of estates we tend to know our way around the system, thus removing much of the mystery and stress for our clients.
Please feel free to speak to us about what you might need explaining and doing.
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