6 December 2022
Dealing with the death of a family member or close friend is always difficult for those involved, having to deal with the daunting task of probate doesn’t make the circumstances any easier.
Whether you are appointed as the executor or administrator in the Will there are some steps you will need to follow. Karen Woodison, Partner in the Wills, Trusts & Probate team at Blaser Mills Law outlines key steps in the probate process.
1. Identify if there is a Will
If there is a Will in place, it will tell you who the executors are and who should be dealing with the estate. It will also outline any wishes and who is to benefit from the estate. If there is no Will there is an intestacy. You will need to look at the intestacy rules to figure out who should deal with the estate and those who will benefit from it.
2. Outline the assets and liabilities
Once you have confirmed who is dealing with the estate the next steps will be to gather information on all the assets and liabilities that are left behind by the deceased.
3. Apply for probate
The next step is to apply for probate. This involves completing an Inheritance Tax (IHT) Return and making an application to the probate registry and HMRC.
4. Collect all assets and pay any debt
Once you have obtained the grant of probate you will need to distribute the assets, prior to doing this you will need to settle any liabilities.
5. Distribute the estate
Make sure all of those who are noted in the Will receive their share of the estate. This task may be as simple as transferring money or may require a more complex process when involving land or property.
How long does the probate process take?
Provided there are no complications it usually takes between four to eight weeks to get a grant of probate after you’ve submitted the application. Once granted, the amount of time it takes to complete will depend on the complexity of the estate.
What are the biggest causes of a delayed application?
There can be various reasons why your probate process might be delayed, here are some of the most common:
Missing documents – Some applications are delayed due to missing documents that are required for granting probate. Send out all documents at the same time to reduce the risk of delays.
Missing IHT information – IHT is administered by the HMRC the IHT421 form will need to be sent to process the application.
Missing or tampered Wills – The process can also be delayed if there is a missing Will or one that has been tampered with. Tampering with a will can be seen as fraud.
Although each probate process follows the same general framework, no two probate matters unfold in the same way. In some instances, seeking help from a professional solicitor is the best solution to put your mind at ease.
Get in touch
At Blaser Mills Law we always offer a quality of service and breadth of expertise that allows our clients to face their challenges with confidence. To speak to one of our Wills, Trusts and Probate solicitors about a probate matter please contact Karen on 01494 781362 or email klw@blasermills.co.uk.