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JR Jones Solicitors Birmingham
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Probate Frequently Asked Questions

When we lose someone close to us we face one of the most difficult times of our lives. On top of the emotional effect, knowing how contact usto deal with the estate correctly, whether Grant of Probate is required and if so how to deal with it can be a lot to cope with.

The administration of a deceased estate can be a time consuming and often complex process and may take a considerable amount of work.

We can assist you by removing the burden of the legal work during this difficult time. We can ensure that the wishes of the deceased are carried out as quickly and efficiently as possible. We deal with all types of estates, from the straightforward to the most complex.

Contact us for us to assess your situation and provide you with an estimate for the work to be carried out.

Below are answers to some of the most common questions we are asked about dealing with an estate. Click on a link to see the answer.

What is Probate?

Probate is the term commonly used to mean applying for the right to deal with a deceased person's estate.

When someone dies it is necessary for someone (usually a family member) to apply for Grant of Representation, which is a legal document giving them the right to deal with the person's affairs. contact us

Dealing with the estate can involve the distribution of property and financial assets in accordance with the Will, however the legalities vary depending on whether or not the deceased left a Will.

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What is the procedure if the person left a Will?

If the deceased left a Will, executors will be named in the Will and they are then responsible for carrying out the wishes of the deceased.

The executors must apply to the probate registry for Grant of Probate which is a legal document confirming that the executors have the legal right to deal with the deceased's affairs.

This document is required to deal with the person's property, finances and possessions.

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What is the procedure if the person did not leave a Will?           

If someone dies without having made a Will, they are said to have died Intestate. In these circumstances a relative will need to apply to the probate registry for Grant of Letters of Administration; which gives the person applying the legal authority to deal with the person's estate.

We can deal with applying for Grant of Probate or Grant of Letters of Administration on your behalf. Please contact us.

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Is Probate always required when someone dies?

Probate is not always required

As a general guide, a Grant of Probate is not required when everything the deceased owned was held in joint names with their spouse and the spouse is the sole beneficiary.

You should always seek legal advice to ascertain if this applies to you and to avoid any legal problems as a result of not applying for grant when it may be required.

It is also not usually necessary to apply for Grant of Probate when the deceased has an estate of low value, for example a bank account containing less than £5000.

If the deceased held shares or substantial savings or a property then grant is always required.

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What is Administration of a deceased estate?

Some estates are larger and more complex, involving property, money in the form of bank accounts, investments and pensions as well as personal possessions of high value.

Dealing with the administration of an estate can be time consuming, depending on the size and complexity of the person's affairs.

The deceased's assets and liabilities must be ascertained, their debts settled and their income tax and inheritance tax dealt with. Assets such as savings, investments, shares, property and insurance policies all need to be taken into account to enable the estate to be dealt with properly and the assets distributed to beneficiaries.

We are experts in dealing with high value and complex estates. Please contact us for a consultation.

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