Probate legal process, the first step is to check if the deceased has a Will, the executor or administrator will apply for a grant of probate. It is administered under the jurisdiction of probate courts. The legal process very time consuming and involves a lot of paperwork. Most people hire a specialised Wills and probate solicitor to help them with the probate administration process. In case there is no Will, The estate of such deceased person will undergo Administration instead of Probate.
Most probate legal process of estates can be administered in one to two years, but some may take longer. Solicitor makes sure Court is satisfied with the decedent’s personal and real property is identified, inventoried and appraised, and ensures that any applicable debts and taxes are paid before the balance of the property is distributed to the heirs.
When somebody dies, the Probate Legal process provides their next of kin and others with the right to deal with the distribution of their estate. Probate process by which somebody acquires authority to deal with the assets of a deceased person. To do so, a document is known as a ‘Grant of Probate’ is issued by a court to the person named in the Will as an executor, or where there is no named executor, to one of the beneficiaries.
Probate Legal Definition
The Probate Legal process has a technical legal definition but is also used within the English, Welsh, and Scottish legal profession as a generic term to describe the diverse procedures involved in the administration of a deceased person’s estate. Concerning the laws of England and Wales and Scotland, the term Probate is used to refer to the legal processes through which the assets that belonged to the deceased when they died (their estate, which can include property, savings, pensions, physical possessions etc.) are identified, processed and distributed to the rightful beneficiaries. Who the ultimate recipients of an inheritance end up being, will depend upon various factors, including whether the deceased made a Will before their death, how they did so and the influence exerted by any third parties, the subsequent validity of the Will and the ruling of a court should the case ultimately go to trial.
Call us 24 hours a day on 0845 218 0232 to make a claim with zero financial risks, or complete the form opposite and we will contact you when convenient to discuss your claim.
If a Will was left by the deceased
The Court of Probate will decide the legal validity of the Will. If convinced that the Will is valid and was made correctly, its approval (known commonly as ‘granting probate’) will be given. This process gives the green light for the Probate Legal process to continue.
If the Will included a named Executor
The person named as the Executor in the Will assumes the task of dealing with the process of distribution of the testator’s (the person who made the Will’s) estate. The person allocated the role of Executor will not automatically receive an inheritance but is eligible to do so if so bequeathed. They should decide initially whether they wish to accept the position. They are under no legal obligation to act as Executor and they can, should they wish, renounce the position. This situation regularly occurs when for example parents or grandparents of the deceased renounce the role as they feel that a younger relative would be better suited to the position.
Once appointed, the Executor will act on behalf of the testator following their death as their legal representative. To do so, the law confers similar rights and powers to the Executor so that they can administer the deceased’s personal affairs.
In some situations, the beneficiaries of a Will may wish and be able to remove the appointed Executor. This would generally happen whereby a majority of Will’s beneficiaries believe that the named Executor would be incapable of adequately fulfilling the duties required of them.
Although not mandatory, both the Executors and Administrators of a Will are entitled to receive reasonable compensation for the services they have rendered.
If no Will was left (or did not include a named Executor)
Rather than an Executor, an Administrator will be appointed to handle the distribution of the deceased’s estate.
The Administrator first selected is most typically the deceased’s next of kin, but this person is rightfully entitled to renounce their right to be the Administrator of the estate. In such cases, the next in line of succession would be appointed and so on until somebody accepts the position.
Challenges to the Will
Once the Executor(s) or Administrator(s) have been appointed, the Probate Legal process moves on to resolve any challenges to the Will. Sufficient grounds for doing this include:
- The fact that the Will is missing or has been destroyed
- Children and dependents of the deceased who at the time of death were themselves of modest means.
- The invalidity, in a technical legal sense, of the Will
- Fraudulent activity having believed to have occurred during the writing of the Will
- A financial dependency upon the deceased, existing before their death, not being recognised in the Will
- The deceased having died Intestate (i.e. without making a Will)
- A promised or reasonably expected inheritance that has not materialised
- The amount received as an inheritance being considered insufficient in the circumstances
- A mental incapacity of some kind of the deceased at the time when the Will was made
- Moral issues as decided by the court
- Third-party beneficiaries such as charities being named in the Will
- Serial beneficiaries being named as beneficiaries in the Will
Call us 24 hours a day on 0845 218 0232 to claim with zero financial risks or complete the form opposite and we will contact you when convenient to discuss your claim.
Should you wish to pursue the possibility of bringing a claim to contest a Will before the process moves onto the distribution of the estate’s assets, you should be aware that there are time factors involved and limits within which certain actions must be taken. The time allowed for these elements varies depending on the nature of the claim. With some claims, the count down starts from the point in time when probate is granted and with others, the count down starts from the date of death of the deceased. Should you wish to contest a Will, please call us on 0845 218 0232 or complete the form opposite. On receipt of your enquiry, we will contact you and assist you in claiming with zero financial risks to yourself via an experienced probate solicitor, who will fight for your inheritance on a genuine No-Win, No-Fee basis.
It is only possible to halt the Probate Legal process by contesting a Will if, at the time of their death, the deceased was resident in either England, Scotland or Wales. Furthermore, the Will must be subject to the laws of either England and Wales or Scotland. Provided that this condition is met, however, it does not matter in which country you reside. We have handled Probate Legal claims for clients domiciled Worldwide who wish to contest the Wills of relatives who lived in the UK before their death.
For deaths that occur in England and Wales, Probate legally falls within the jurisdiction of the High Court of Justice in England and Wales. Consequently, this is the only court able to issue those essential documents that confer upon somebody the right to deal with the estate of the deceased.
How Going Legal Can Help
We can assist you in bringing a contested probate claim via an introduction to an experienced probate solicitor. This expert legal professional will act for you on a genuine no-win, no-fee basis. The grounds upon which a claim may be able to be filed is complex and requires extensive knowledge and experience to successfully manoeuvre. Our specialists are ready to quickly and expertly evaluate your circumstances, guide you through the process of making a claim and, should your case warrant further investigation, introduce you to a professional probate solicitor who will work for you on a genuine No-Win, No-Fee basis.
Call 0845 218 0232 to make a claim with zero financial risk or complete the form opposite and we will contact you.