Dealing with the loss of a loved one is a difficult time, and handling the legal and financial aspects can often feel overwhelming. One important legal process that may arise is obtaining a grant of probate. For residents in Longsight and surrounding areas, Marley Solicitors is here to help you understand what probate is, when it is required, and how we can assist you every step of the way.
What is a grant of probate?
A grant of probate is a legal document that gives an executor the authority to administer the estate of someone who has passed away. This includes managing their finances, settling debts, and distributing assets in accordance with their will.
If the deceased left a valid will and named executors, those individuals must apply for probate to be able to carry out their duties. Without this legal grant, financial institutions and other organisations may not release funds or information related to the estate.
When is probate required?
In many cases, probate is needed to access or distribute assets. Whether or not probate is required depends on the value and nature of the estate. For example, if the deceased only had jointly held property or minimal savings, probate may not be necessary. However, if they had significant assets in their sole name, such as bank accounts, property or investments, then a grant of probate is likely to be required.
It is always advisable to check with each financial institution or asset holder to confirm their requirements. Marley Solicitors can guide you through this process and advise on whether an application for probate is necessary in your specific circumstances.
Who applies for probate?
Only the executors named in the will can apply for probate. If there is no will, or if the named executors are unable or unwilling to act, then a different type of grant known as letters of administration may be required. This type of grant allows an administrator; often a close family member, to manage the estate.
The probate application can sometimes be a complicated process, especially when dealing with issues like debts, multiple beneficiaries, or complex assets. That’s why it’s important to seek legal advice from experts. Our team at Marley Solicitors in Longsight has the experience to guide you through the probate application process, ensuring everything is in order and submitted correctly.
How long does probate take?
The timeframe for obtaining a grant of probate can vary depending on the complexity of the estate and any delays in gathering the required information. Once you submit the application, it typically takes 8 to 12 weeks to receive the grant. However, the full estate administration process including the distribution of assets may take several months, or even longer in complicated cases.
The timeline can be affected by several factors, including:
- The number of assets and debts involved in the estate.
- Whether inheritance tax is due and the amount.
- The number of beneficiaries and whether they agree on how the estate should be divided.
Marley Solicitors works efficiently to keep things moving and provides clear updates along the way, so you are never left in the dark about the progress of your case.
Do I need a solicitor for probate?
While it is possible to apply for probate without legal assistance, many people choose to instruct a solicitor to avoid mistakes, ensure the application is completed correctly, and reduce the burden during a difficult time.
Our experienced team in Longsight can handle the entire probate process on your behalf, from checking the will and calculating inheritance tax to completing and submitting the application and assisting with asset distribution. Whether the estate is straightforward or complex, we are here to provide practical and compassionate support.
If you are unsure about the probate process or need assistance with any part of the estate administration, having a solicitor by your side can help ensure that everything is dealt with legally and efficiently.
What is the role of an executor in the probate process?
The role of the executor is one of the most important tasks in the probate process. Executors are responsible for gathering the deceased person’s assets, paying any debts, and distributing the estate according to the terms of the will.
Some key responsibilities include:
- Identifying and locating all assets.
- Paying inheritance tax if applicable.
- Settling outstanding debts.
- Distributing the assets to beneficiaries.
It’s important to note that being an executor can be a big responsibility. For some, the complexity of the task can be daunting. If you’re acting as an executor and need guidance, Marley Solicitors can support you throughout the entire process to ensure the estate is administered correctly.
What happens if probate is contested?
In some cases, a will may be contested. This typically occurs if someone believes the will is invalid or if they disagree with how the estate is being divided. This can be a difficult and emotionally charged situation, and it’s crucial to have expert legal advice.
Common reasons for contesting a will include:
- Claims that the deceased lacked mental capacity when the will was made.
- Allegations of undue influence or coercion.
- A dispute over the interpretation of the will.
If you believe the will is being contested or have concerns about any potential challenges, our team can provide legal advice and help resolve any issues as smoothly as possible.
Contact Marley Solicitors in Longsight
If you need help with a grant of probate or have questions about estate administration, get in touch with Marley Solicitors today. Our friendly team is ready to provide expert legal advice tailored to your needs.
We understand how challenging this time can be, and we are committed to making the process as smooth and stress-free as possible for families in Longsight and the surrounding area. Whether you’re applying for probate for the first time or need assistance managing a complicated estate, we are here to help.
