The loss of someone close is always difficult. That sudden feeling of emptiness that is felt immediately after a love one passes can be hard to cope with. As soon as they are gone, thoughts must be turned to pay last respects to the deceased and arrange a funeral, so any legal issues that may arise tend to create extra pressure.
With a rise in cases of people not leaving a will, this extra pressure comes in the form of having to deal with something called probate. A term a lot of people may have heard but there still seems to be a lack of understanding around the topic.
For this reason, Andrew and Andrew have brought together an expert team of probate solicitors in Emsworth to offer help and advise.
When is probate needed?
If some has died leaving no will and an estate with a value greater than £15 000, then a probate is required. A probate solicitor will be able to advise about what is involved in the process and what details are required.
The probate process
The process of probate may appear complex, although it can be broken down into the following simplified steps.
The first step of the probate process is to gain a full understanding of the estate of the deceased, this includes processions, property and finances that were owned by the deceased at the time of death.The assets can then be prepared so they are ready for distribution to the benefactors outlined by the deceased.
This is where an application is made to the high court seeking the power of attorney of the estate of the deceased. Once a solicitor has gained the power of attorney, they can recognise the executors and instructions to act can be given, this may include the selling of property and closing of bank accounts.
At this stage, any organisations that have been identified will be contacted and asked to provide their rules around death and probate. This is best carried out by the solicitor as each organisation will have its own rules and guidelines, placing the potential to create another layer of complexity into the process. This will also create a single point of contact for these organisations.
Grants of representation
The next step the probate solicitor needs to carry out is to apply to the high courts for a grant of representation. This is a pretty simple process, and a solicitor will be able to outline the details they need to get the process started. The normal grant of representation is known as a grant of probate.
This is where the estate is distributed to the benefactors at the request of the executor’s request, this is the final stage of probate.
Keep in mind
After the death of a loved one, it is especially important to grief, this is healthy and natural. Allowing probate solicitors in Portsmouth to act and take care of all the legal aspects of dealing with the estate of a deceased person will help to create the time and space any individual needs to grieve in their way.