When we lose someone, we can find it overwhelming to understand the necessary steps we have to take immediately after they are gone. Planning and holding a funeral in the days after they leave us can leave our emotions feeling confused and raw.
As soon as the funeral is over, we must turn our attention to the matter of the estate of the deceased, in cases where they did not leave a will you may find yourself in the realms of needing Probate. Andrew and Andrew’s team are probate solicitors in Portsmouth who could be there to help.
It is always an emotional time after someone passes away, coping with grief can lead to your judgement becoming clouded. For this reason, it would be best to seek the advice of probate solicitors. They will always seek to help you to honour the last wishes of your loved one while acting with compassion and respect for you and the deceased
The probate process
Definition is the starting point of all probate cases. The deceased assets are collected using legal and fiscal measures, they are then made ready for an administrator to start making any decisions about their distribution to any benefactors.
Jurisdiction is when a ruling is sought from the High Court to give someone the power of attorney over the estate of the deceased. Once this is granted to the executor of the estate, along with the necessary documents, they will then be allowed to sell property and close bank accounts. The documents are collectively known as the Grants of Representation, the production of which makes up the primary role of the Probate Registries.
Grants of Representation are also important to consider. Keep in mind there are different types of Grants of Representation, depending on if the deceased had a will or not. If a will was in place at the time of passing, in most cases of this nature a grant of probate will be granted. In cases where no will has been left a grant of administration will be required. We would ask you to remember that in cases where the estate of the deceased is valued at £5000 or less, or where the assets of the estate are jointly owned, for example leaving a surviving spouse, a grant is not normally required.
Applying for a grant is one of the duties of the executor of any will to apply to the High Courts Probate Division for a grant of probate. The executor can apply to a local probate register themselves for a grant, but we tend to find most prefer to use a probate solicitor. Where an estate is small, less than £15 000, you may find some banks and building societies may all the immediate family of the deceased to close accounts.
The final step in the probate process is distribution, which sees the executors distribute the assets of the deceased following any instruction as laid out in any will.
To find out more
Should you need to find out more about probate solicitors, you can contact a solicitors office directly. They should be ready to listen to you, accurate advice can then be offered, in the hope of being able to help.