Solicitors Reigate Horley

Probate Frequently Asked Questions

When we lose someone we love, it can be one of the most difficult times of our lives. Knowing how to deal with their estate can be a lot to cope us

The administration of a deceased person’s estate can be a time consuming and often complex process.  Depending on the records they kept and the complexity of their estate it may take a considerable amount of work.

Sheppersons Solicitors can help you by shouldering 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 can deal with all types of estates, from the small and simple to the most complex.

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

Below are some of the questions we are most frequently asked about Probate and Estates. Click on a link to see the answer to the question.

What is Probate?

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

When someone dies it is necessary for someone else (often a family member) to apply for Grant of Representation. This is a document which legally entitles them to deal with the deceased person's affairs.

Dealing with an 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 happens if the deceased left a Will?

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

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 happens if the deceased did not leave a Will?         

If someone dies without leaving a Will, they are said to have died Intestate. If this happens then a relative will have to apply to the probate registry for Grant of Letters of Administration; which gives them 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.

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Is Probate always required when someone dies?

No. As a general rule a Grant of Probate or Letters of Administration is not required when everything the deceased owned was held in joint names with their spouse and the spouse is the sole beneficiary.

It is always advisable to 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 required to apply for Grant 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?

Many estates are now more complex because they include ownership of property, money in the form of bank accounts, investments and pensions as well as personal possessions of high value.

Dealing with the administration of a deceased estate can be time consuming, depending on the complexity of the person's affairs.

The deceased's assets and liabilities must to be ascertained, contact usany debts settled and their liability calculated for income tax and inheritance tax. 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.

Here at Sheppersons Solicitors we are experts in dealing with high value and complex estates. Please contact us for a consultation.

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