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Frequently Asked Questions
What is probate?
Probate is the legal process involved in dealing with the estate of someone who has died. It involves various steps, including gaining control of the estate, paying any Inheritance Tax (IHT) due on the estate and distributing the assets in the estate according to the Will (or the Rules of Intestacy where there is no Will).The person in charge of probate is known as the Executor (where there was a Will) or the Administrator (where there was no Will).
What is the process for probate?
Do I need to use a professional for probate?
Do you need probate for a small estate?
If the estate is worth less than £5,000 or the deceased has left their entire estate for their spouse or civil partner, you may not need to go through probate. However, you should always check this with an experienced probate lawyer before moving forward to avoid any potential legal complications.
How long does probate take?
In many cases, probate can be completed in around 6-9 months, but it can take significantly longer depending on the circumstances. Various factors will affect how long probate takes, including how complicated the estate is, whether there is any property that needs to be sold and any other specific issues that need to be dealt with.
Is there a time limit for probate?
How long does grant of probate take once the forms are submitted?
It usually takes up to 10 days for probate applications to be processed by the Probate Registry once the relevant forms have been received. However, if any issues are raised or there are more complex matters to deal with, it can take longer for probate to be granted.
How long does it take to get an inheritance?
This will depend on the situation, but typically you should receive an inheritance within around 6-9 months, unless there are any problems or complex issues that need to be resolved.
What are my duties as an Executor?
How do I apply for a grant of probate?
What do I do about probate if the deceased has not left a Will?
What shall I do if the beneficiary of items in a Will has died?
This will depend on the circumstances. In many cases, if a beneficiary of a Will dies before the person who created the Will (the testator), or a beneficiary dies during probate, their share of the inheritance will be split amongst the other beneficiaries. However, this is not always the case, so if you find yourself dealing with this situation, it is essential to discuss this with an experienced probate solicitor.