Probate and Estate Administration FrequentlyAsked Questions
Here are some of the more common questions we get asked about Probate and Estate Administration but please do get in touch if you have any other questions.
Many executors come to the decision of whether to proceed using our Grant Only service versus the Full Estate Administration service based on the complexity of the estate, their own personal commitments and time constraints. It can also depend on the degree of involvement that they wish to retain.
Often than not executors can find themselves moving full steam ahead with attempting to apply for the Grant of Probate themselves, and finding themselves in muddy waters when the estate becomes far more complex due to the type and degree of assets held, and when inheritance tax falls due on the estate.
The first step is determining who the nominated executors are that have been appointed under the Will. It is the executors duty to determine the assets held by the deceased along with obtaining date of death values. This in turn will establish whether or not the Grant of Probate is required.
Yes. Even in the instance where a deceased did or did not leave a Will, the Grant of Probate (or Letters of Administration if the deceased died intestate) will still need to be applied for.
Overall, Probate can take between six to twelve months, and in instances where the estate is of high value and complex, may take longer.
There are many factors that impact on the length of time the Probate process can take, and there is not a definitive answer that applies to all cases.
Unfortunately, you are unable to sell the home until the Grant of Probate has been issued. You can, however, list the property on the market. Contracts cannot be exchanged, so the buyer would need to be aware and prepared to wait.
There is no time limit for applying for probate.
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Please Note
The information provided here is intended to address the types of questions that people are often concerned about.
To see an outline of what we do and how we deliver services for our clients, please visit the Our Services page. You will find information on the key aspects of creating your will including:
Personal Reviews, Will Writing, Estate Planning & Tax Management, Lasting Power of Attorney, Discretionary Trusts, Special Provisions & Assurance (disabled beneficiaries), Severance of Tenancy, Secure Document Storage.
If you have a specific question, want more detailed information or want your will professionally prepared, then please just get in touch.
