Applying for probate and administering the estate

Applying for probate

 

Who can apply?

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The process depends upon whether the person who has died left a will.  If there is a will, it is likely that it names the person/s the deceased has chosen to authorise to deal with their estate, known as "executors", they will have the responsibility for applying for probate.

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If there is no will, the Rules of Intestacy will apply. The Rules identify the beneficiaries and they can apply for probate, although, where there is no will, a grant of probate is known as a grant of Letters of Administration.

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It is important to prepare the probate papers with care, any mistakes can lead to delay and possibly tax penalties.

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Administering the estate

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The administration of an estate involves identifying and valuing the deceased's assets and liabilities, paying any Inheritance Tax, settling debts, funeral and testamentary expenses and then ensuring that the net assets are distributed in accordance with the terms of the will or, if there is no will, in accordance with the Rules of Intestacy.

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It is important that accurate accounts and records are kept.

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How I can help

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I can assist with the preparation of the probate papers, identifying assets and obtaining valuations, identifying creditors, keeping estate accounts and ensuring the correct distribution of the estate.

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