What happens if the estate has debts?
Outstanding debts must normally be settled before the remaining estate can be distributed to beneficiaries.
Can I apply for probate myself?
Yes, although many people choose a solicitor to ensure the estate is administered correctly and efficiently.
What happens if a beneficiary disputes the will?
Legal advice should be obtained promptly, as disputes may require negotiation or court proceedings.
Can probate be avoided?
Some estates may not require probate, depending on the nature and value of the assets, but many estates do require a formal grant.
What does an executor have to do?
Executors identify assets, settle debts, pay taxes, administer the estate and distribute assets to beneficiaries.
Can I access the deceased’s bank accounts before probate?
Some banks may release limited funds for funeral expenses, but many assets cannot be accessed until probate has been granted.
Do I have to pay inheritance tax before probate is granted?
Inheritance tax may need to be paid, or arrangements made for payment, before the Grant of Probate is issued.
What happens if there is no will?
The estate will usually be administered under the rules of intestacy, and an eligible family member may apply for Letters of Administration.
Do I need a solicitor to apply for probate?
Not always, but professional legal advice is often beneficial where estates include property, inheritance tax or complex assets.
How long does probate usually take?
The timeframe depends on the complexity of the estate, although many straightforward estates are completed within several months.