What is Probate?

Probate is an important legal document needed to deal with an Estate after a death within England and Wales. Only a person that has been granted probate can deal with certain aspects of a deceased’s estate.

Why should I get Probate?

If you’re the executor of a Will or you’re dealing with the death of a loved one then you might need to extract a Grant of Probate to deal with their Estate.

If there is a property in the deceased’s sole name then probate will be required before it can be sold. This sometimes applies where the property is held in joint names too. If you are in any doubt please get in touch with us. If there is savings or shares held in the deceased’s name then the holders of these accounts will normally ask to see a Grant of Probate before releasing any funds.

Who can apply?

If the deceased passed away with a Will then it falls upon the Executors of the Will to obtain the Grant of Probate. If however, there is no Will then a relative will need to apply for what is known as Letters of Administration. Please get in touch with us if this applies to you.

Can I apply myself?

Yes, you can apply for Probate yourself. However, it can be a laborious task, dealing with paperwork, jargon and a lot of filling out forms. Once you’ve jumped through these hoops you then have to deal with the Probate Registry and HM Revenue and Customs.  This can be difficult especially if you’ve just lost a loved one.

In many cases it is easier to hand the case over to probate specialists like us at Athena Probate, to avoid any errors and to make the process as quick and efficient as possible.

What do I do after a Grant of Probate has been obtained?

You can now begin to deal with the estate and share out the property amongst the beneficiaries in accordance with the terms of the will .Wills can complicated and you are best advised to consult an industry professional such as Athena Probate, as an executor could be personally responsible if mistakes are made.