Glazer Delmar

Probate

If you have just had a death in the family you may be wondering what to do and how to deal with your loved one’s personal affairs. Perhaps the deceased left a Will. What now?


You may be able to apply for a ‘grant of representation’. This gives you the legal right to deal with the person’s property, money and possessions (their ‘estate’). The right to deal with the estate of someone who’s died is called ‘probate’.


A ‘grant of representation’ is a Court Order made in the Probate Registry which authorises the Executors/Personal Representatives to administer and distribute the assets of an Estate.
You can apply yourself or instruct us. 


In most cases, the basic process is as follows:

 

1. Check if there’s a will - this normally appoints someone to death with the estate; if there’s no will the next of kin can apply

2. Apply to get a ‘grant of representation’ - this gives you the legal right to access things like the person’s bank account, investments, pension providers and deal with propert

3. Pay Inheritance Tax - this is only paid if the estate is worth over £325,000 and is part of applying for a grant of representation - once you’ve paid any tax due, you can collect the assets

4. Collect the assets - eg money from bank accounts, investments or the sale of the person’s property

5. Pay any debts - eg unpaid utilities bills

6. Distribute the estate - this means giving any property, money or possessions to the people entitled to it (‘beneficiaries’)


Only very small estates (worth less than about £10,000) can usually be administered without a grant of representation.

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