Simper Law



Probate Solicitors

Probate is the process of dealing with the assets of a person who has died. Before the Executor or any person named in the Will can claim any of the deceased’s assets, they may have to apply for Probate. When this has been granted, the assets can then be dealt with either in accordance with deceased’s Will, or in accordance with the law if a Will was not in place.

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What if there is no Will?

When someone dies without a Will, the rules of Intestacy apply and determine who is entitled to deal with the estate as well as who is set to inherit from the estate. It is important that the correct person is appointed as the personal representative of the estate, and so if you are unsure of this then we are happy to help. The process to follow is very similar to that of obtaining a Grant of Probate. However, whereas the Executor’s authority in the case of where the deceased had a Will, derives from the Will. Whereas the authority of the administrator of an intestate estate derives from the Letters of Administration granted by the Probate Registry.

What are the stages of Probate?

The main stages of Probate are:

  • Informing interested parties
  • Collating and valuing the estate
  • Paying Inheritance Tax
  • Applying for the Grant of Probate or Letters of Administration
  • Gather and liquidate assets, pay any debts and then distribute the estate in accordance with the Will or Intestacy Rules
  • Pay any debts from the estate
  • Distribute the estate in accordance with the Will or Intestacy rules
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