Do I Need To Apply For Probate?

Firstly, probate is the right to deal with the estate of a deceased person

. The individual who takes on this responsibility is the executor of the Will and they are usually outlined within the Will itself. They should have already agreed to take on this role once the individual passed away. The executor will deal with assets, such as property and shares, and will make sure all the beneficiaries of the Will receive what they are due, and that all requests within the Will are carried out. In the situation that an executor wishes to waive their responsibility, a solicitor may act as executor instead.

When Do I Need To Apply?

The answer in 99% of cases is yes. The only situation where you may not need to apply for probate is if your deceased family member has made an asset protection plan for their estate. However, this is a very specific situation. In all other situation you must apply for probate. You will be required to apply for probate both if there is a Will, this application will be made out for a Grant of Probate, and if there is not a Will, this will be an application for letters of administration.

When engaging in the probate process it is advised to instruct a solicitor to help you through. The probate process is complicated and can be lengthy. To have a solicitor on board who is experienced in probate will speed the process through and will prevent you experiencing any undue hassle.

When There Is More Than One Executor?

Yes, again probate still must be applied for. You may agree between yourselves who is going to complete the probate application but if this decision is difficult to make, or no one wishes to take the responsibility on, up to 4 executors can apply for probate in unison.

Probate Fees

- No fee: There will be no probate fee if the total estate amount left in the deceased person's name after funeral expenses and debt payment is 5,000 or less. If the estate is worth over 5,000 the fee is 105. Extra copies of the grant cost 1 each; they must be ordered at the same time.

- If payment will cause you financial hardship, you can apply for exemption from payment.

- If the deceased has an asset protection plan they will also not be obligated to pay probate fees in most cases.

by: Paul Howe

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