When someone dies it is normal for the immediate family, a close relative, or a friend to deal with the immediate requirements of obtaining a medical certificate, ensuring that the death is registered and a death certificate obtained, and making the necessary arrangements for the funeral. This however is merely the start of what can often be the long process of probate.

Probate is an authority given to an individual (or individuals) by a courtand this permits the individual concerned to deal with the estate by collecting monies owed to the estate, paying any debts against the estate, and distributing the remainder of the estate to those people who are entitled to receive it.

If an individual dies leaving a will, then an executors will normally be named in the will as the people selected to deal with the estate. The executors will then apply for a grant of probate and handle the administration for the estate. If the deceased did not leave a will, then the next of kin will usually be appointed look after the administration of the estate.

Whether or not you need to apply to the court for a grant of provate, and need to go through the process, will depend upon several factors. For example, probate is not normally necessary when an estate passes to a surviving spouse, or civil partner, and the assets of the deceased were all held in joint names. Probate is also often unnecessary when the estate does not contain land, property or shares.

As with many legal matters, dealing with an estate can be complex and, at the very least, requires you to have a good working knowledge of wills and probate. In most cases this is not an area that people are familiar with, and so it is a good idea to consult a firm of will solicitors or, better still, a firm of wills and probate solicitors.

Morgan Kelly Solicitors offer a wills service and works closely with a local accountant to help with probate. If you need probate get in touch. We can help save you a great deal of time and heartache, especially if you are faced with dealing with a complex estate that requires expert valuation, and for which duties, such as inheritance tax, need to be paid.

Photo “River Ouse near Lewes” by John Shepherd used under Creative Commons Attribution Licence 2.0