Probate

[amyknight88]

Hiya,

WOuld anybody be able to give me a little bit of information on probate pls? iv looked at the websites and i dont really understand it.

My best mates nan died suddenly and shes asked me to look up probate as she didnt have a will?

Anybody know anything?

thanks

Amy

 

[Nicola]

Hi Amy,

Probate is basically the legal process of settling the estate of a deceased person. More specifically it resolves any claims towards the estate, i.e. you find when people die aunts, cousins, nephews etc that you have never even heard off spring up from no where and stake a claim in the dead persons property or other assets, i.e. bonds, savings accounts etc.

So in a nutshell it's a legal procedure used to sort out who's entitled to what and why when someone dies and doesn't leave a will.

It's far easier if a copy of a will can be found so things are given to the proper intended person or people. Probate although legally considered fair might leave out a much loved friend or family member simply due to their "position" in the family tree.

Does that help you any?

Nicola xx

 

[Minime]

You get a letter of administration, basically somebody usually a son/daughter would apply for it. This means they will become like an executor as if the person had a will and sort out the estate accordingly.

If you make a will then you nominate executors who apply to the court for probate which means permission to distribute the estate as per the deceased persons wishes (as in what is stated in the will)

The difference without a will is that there is no named executor therefore somebody must step forward and apply for a letter of administration. On receiving this they can go ahead as if the person had a will. If there is nobody willing to do this then I think lawyers will.


Also be very careful in choosing to become an executor as if for example the deceased person had a debt you were unaware of and you distributed the estate then this came to light at a later date then youre personally liable so you have to be very thorough.

 

[amyknight88]

yes that helps. thankyou xx