Essex & Suffolk Wills Ltd, Habendum House, 1-2 High Street, Colchester, Essex.  CO1 1DA                                                                                                                                               

Tel: 01206 615254    Email:  info@essexandsuffolkwills.co.uk

                                                                                                     

 

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If the person who has died leaves a will

Check the will to find out who the deceased person has named as an executor.  It could be one or more.  The executor(s) named in the will is legally entitled to deal with the deceased person's affairs.  It is the executor’s responsibility to apply for a 'grant of probate' from a section of the court known as the probate registry. The grant is a legal document which confirms that the executor has the authority to deal with the deceased person's assets (property, money and belongings). They can use it to show they have the right to access funds, sort out finances, and collect and share out the deceased person's assets as set out in the will.

If the person who has died didn't leave a will

If there is no will, a close relative of the deceased can apply to the probate registry to deal with the estate.  In this case they apply for a 'grant of letters of administration'. If the grant is given, they are known as 'administrators' of the estate.  Like the grant of probate, the grant of letters of administration is a legal document which confirms the administrator's authority to deal with the deceased person's assets.  In some cases, for example, where the person who benefits is a child, the law states that more than one person must act as the administrator.

WHAT CAN WE DO TO HELP?

Probate can be a very complex and responsible task that can be difficult to deal with especially at a time of emotional turmoil.  Let us arrange for one of our compassionate and friendly Probate Partner’s to visit you in your own home to discuss your situation.  They can take the weight of your shoulders and deal with the whole estate Administration process or they can deal with limited aspects of the work, such as dealing with the Inheritance Tax forms or estate accounts.  Their charges are pleasingly competitive because unlike many solicitors, they do not charge a percentage of the whole estate - they will only charge for the work that needs doing.

 

WHAT IS PROBATE?

When a person dies, their property and financial affairs will need to be sorted out.  'Probate' is a term commonly used when talking about applying for the right to deal with a deceased person's affairs (called 'administering the estate'). In practice, different terms are used, depending on if the deceased person left a will.