The immediate aftermath of someone’s passing is a time that is difficult for all that knew the person in question, especially their close friends and loved ones. Often – in an emotionally charged time – complications can arise regarding how assets that have been left in the Will of the deceased are split. The probate process deals with the distribution of a person’s money, assets, and possessions, so it is important that it is done correctly and by the letter of the law, to ensure that each action taken is in the best interests of the person that has passed away.
If you are still unsure about what happens in the probate process, then this blog post from St Helens Law is on hand to give you some more information so you are best positioned to go about it.
What is probate?
A person leaves their belongings and estate in a legal document called a Will. This is produced whilst they are still alive, preparing for when the time comes that they pass away, protecting their loved ones for when this inevitably distressing time comes and giving them the freedom over who inherits their possessions.
Probate is the process that administers these possessions to those that have been listed in the Will once any taxes and debts have been paid. The Will should list someone who has been chosen to perform this, known as an executor of the Will.
How does the probate process work?
Each Will is different as it is tailored to the specific requests of the deceased, meaning that usually, no two probate processes are the same. Here at St Helens Law, we are able to provide sensible, reliable advice on the whole probate process. We understand that this can be a difficult and troubling time for all involved, which is why we will always treat each contact with our clients with the professional approach they deserve.
The executor has the responsibility of gathering the details of the estate’s assets and debts along with their death certificate, before applying for a Grant of Probate. This gives them the permission to administer the estate left in the Will and pass out inheritance.
They will then have to complete an inheritance tax return and pay any tax that is due on the person’s behalf before receiving the Grant of Probate. Once they have paid any debts that are outstanding, they will then be able to distribute the rest of the estate in accordance with the Will.
If you have been appointed executor but don’t wish to apply for probate, then this is no problem. With the help of experts in this field like St Helens Law, we can apply for probate on your behalf.
Due to the number of responsibilities that have to be dealt with, the probate process can take up to a year to complete. If any mistakes are made during the process should you decide to go it alone, you will be held personally accountable.
Get in touch with St Helens Law
If you feel like you would like some reassuring, professional advice from the experts, the team at St Helens Law can help. We have used our expertise in many probate cases throughout our years as a company, giving you the confidence you need to choose us during this time.
We can make sure that every aspect of the probate process is done in accordance with the law, providing the best possible outcome for all involved.
Whether you need help making a Will in St Helens or are unsure how to perform your role as an executor in probate, we can be of assistance. Request a FREE consultation today by filling out our enquiry form, or get in touch with us directly via phone call or email.