When do you need Probate? A Wills Made Clear guide

With only 3 weeks left until Christmas most of us are thinking about who will be at Christmas dinner; we're not thinking about who might not be there. But just as estate agents prepare for the influx of home valuation requests in the month of December due to death or divorce; likewise Wills Made Clear are preparing for the influx of probate applications from loved ones.

When do we need Probate?

If a loved one has passed, you will need to apply for probate to be able to legally access and/or deal with their property, money and possessions i.e their estate. If they have left a Will then you would be granted probate automatically. If they didn't write a Will you would get something called a letter of administration, starting the application fro probate process. However, you might not need probate if that person only had savings or premium bonds for example.

Only certain people can apply for probate to deal with the estate of someone who died. It depends on whether the person who died left a will.

A will states what should happen to a person’s property and belongings (‘estate’) after they die. It’s usually valid if it’s been signed by the person who made it and 2 witnesses.

If there is a valid Will in place that has been signed and witnessed and you are named in it, then you can apply for Probate. You will need to provide proof of the original Will as well as any updates to it such as added executors. If you are not named in the Will you can apply as part of the adminstration process mentioned above, to become the estate's administrator. You must be the most entitled inheritor of the deceased's estate in order to do this, such as a close relative.

How long does probate take?

Estate administration is a long and complex legal process, so expect it to take months rather than weeks. As each estate is different. It is almost impossible to tell how long the process will take without knowing more about the specific nature if the estate.

What are my probate options?

If you decided to undertake the work yourself, you should be aware that you will then be held personally liable for any mistakes made during the process, whether that's completing tax returns or other legal paperwork. For these reasons, it's best to appoint a specialist legal firm to complete the work on your behalf.

For more advice and help with probate, you can contact Jane at Wills Made Clear today to discuss further.