What is probate?

Probate is a legal process that takes place after someone dies, specifically resolving all inheritance dispute claims and distributing the decedent’s property under the valid will. Probate is a service that a Court provides to confirm the validity of a deceased person’s will. Once a will have a grant of representation or confirmation by the court in the UK, everyone can rely on its authenticity. Probate protects the instructions of the deceased, confirms the executor as the personal representative of the Testor, protects the interests of family members who may have claims against the estate, and protects the executor against contesting a Will claims and lawsuits. It includes:

  • proving in court that a deceased person’s will is valid
  • identifying and inventorying the deceased person’s property
  • having the property appraised
  • paying debts and taxes, and
  • distributing the remaining property as the will

Typically, probate involves paperwork and court appearances by lawyers. The lawyers and court fees are paid from estate property, which would otherwise go to the people who inherit the deceased person’s property.

probate will

Deceased left a Will, Do I need a probate?

Most estates do need to go through probate, “It’s not a question of whether the deceased left a Will, but whether or not the assets dealt with by the Will are the sort of assets that require a Grant of Probate. When there is a valid Will, there is no questions for an application to be made for Grant of Letters of Administration.

The purpose of a Will is to carry out the deceased’s wishes as to what will happen to their estate after death.

The Grant of Probate is a document that allows ownership of the assets to be transferred from the deceased to the executors so that they can give effect to the terms of the will.

Normally, you need a grant of probate if the value of the deceased’s estate exceeds £5,000 after paying the funeral account.

a grant of probate

Going Legal has been established for over 20 years, during which time we have been successful in recovering many millions of pounds for our clients. Unlike other firms, we welcome complex and difficult contested probate cases and fight for your inheritance on a genuine No-Win, No-Fee basis. Claim your rightful inheritance by contesting a Will in the UK on a genuine no-win, no-fee basis. Make a free, no obligation enquiry now. Call us on 0845 218 0230. Visit our Facebook page: https://www.facebook.com/GoingLegalLtd/