subject: Probate And Probate Lawyers [print this page] Firstly we need to ask, what is probate? There are so many terms which we hear with regards to the legal arena that it is very easy to become confused. We can become especially confused in the case of someone close to us passing away and it is then that we may need to think of speaking to a probate solicitor. In the United Kingdom authority to execute a will is not automatically granted even though you may be named within the will or you may be a very close family member of the person who is deceased. This is where the probate lawyer can help and guide you by applying on your behalf to make you the executor.
The actual term probate is one which is used in relation to making an application which will give you the right to be in charge of dealing with the affairs of a deceased person. This is also commonly called administering the estate. When a person passes away then naturally someone needs to take control of dealing with the estate which has been left behind. The executor will deal with paying debts and also distributing the remaining monies from the estate to persons named within the will. The best way in which to describe this whole process is that probate is the term for proving a will officially. This then ensures that the executor in legally allowed to move forward with dealing with the deceaseds estate. Probate is also the word which refers to the final and officially verified will and certificate of proof which gives the person named on it the complete authority to legally administer the estate.
Types of Probate
Probate (this is the term used if the deceased individual has left a will which is valid and an executor is acting)
Letters of administration with will (this is the term used when a deceased individual has left a will which is valid but there is no acting executor)
Letters of administration (this usually applies when there is no valid will in existence)
It is understandable that when someone close to you has passed away you will be bewildered and upset. Meeting with a lawyer will be one of the last things that you wish to do. However it is something which you will need to address in order to distribute the estate of your loved one. Bear in mind that the probate lawyer will have lots of experience in speaking to people in your position. If you feel upset at any point in the meetings this is completely natural. Your lawyer will understand and will help you in any way they can. If you need to stop at any point then this will be no problem. The lawyer will give you time to collect your thoughts and then resume the meeting.
When a loved one has died, trusting in the judgement and skills of a probate lawyer can take a lot of the stress out of this part of the process.
