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Probate is the process of dealing with the property, finances and assets of a person who has died. This can be a complex and time consuming process but is one for which Health Assured can provide assistance every step of the way. The below guide serves as an overview of the relevant steps to provide insight into what to expect.
The first thing that an Executor needs to consider is whether they need permission to collect assets and distribute the estate in accordance with either a deceased’s Will, or if there is no Will, the rules of intestacy. Probate is the process under which an individual (usually the Executor or next of kin) obtains the rights to deal with a deceased’s Will. A ‘Grant of Representation’ may be needed to provide the legal authority to administer the estate, these fall into two categories:
The Key Stages of Probate (England and Wales)
If you live in England and Wales:
To obtain Probate, you will need to complete the relevant forms and send to your local Probate Office. The Application fee is £215, click here for more information.
If you live in Scotland:
You will need to apply for ‘Confirmation’. The confirmation fee varies depending on the size of the estate, for more information, click here.
If you live in Northern Ireland:
To obtain Probate, you will need to arrange an appointment with your local Probate Office. The fee is £296 for estates worth more than £10,000. There’s no fee to pay if the estate is worth less than £10,000.
If you live in the Republic of Ireland:
You must apply to the Probate Office.
Is Probate necessary?
Generally, the more complex and valuable the estate, the more likely the requirement to obtain the Grant of Representation. This is typically required in England or Wales when:
Probate may not be necessary when:
Is it necessary to instruct a solicitor?
Dealing with an estate can be complicated and often solicitors are instructed to take care of the estate accordingly. If the estate is complex or the executor does not wish to process the estate, then it is advisable to instruct a probate solicitor. To find a local solicitor, click here.
However, solicitor fees can be costly and if the executor is prepared to act, this can ultimately save hundreds of pounds. If you require any advice, guidance or support in relation to probate, or any practical guidance following the death of a loved one, contact Health Assured’s 24/7 confidential helpline on:
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