The Probate Process
The probate process can be complicated, depending on circumstances and also time consuming. Unless you have already had the experience of dealing with probate, the sheer amount of paperwork can come as a shock. Although it is perfectly legal to make a probate application yourself, many families find this distressing especially in the early days of bereavement. In some cases, probate can take around nine months to complete – often longer if property or a large sum of money, beneficiaries debitors or creditors are involved. The probate format that you need to apply for, will depend on the financial circumstances of the deceased and whether or not a Will has been made.
If there are estimated to be over £5,000 of assets left in the estate after funeral costs, you will need to apply for probate as a legal requirement. There are three types of probate format. If a Will has been made, you will need to apply for a Grant of Probate. If there is no Will, you have to apply for Letters of Administration and if there is a Will but no Executor has been appointed you will need Letters of Administration with Will annexed. All these enable you or the solicitor or professional to administer and bring the estate to closure and distribute the funds correctly.
Whether or not you are named in the Will, when you make your probate application you will be known as the personal representative.
There may be no need to apply for probate if there is less than £5,000 left in the estate after funeral costs. In many cases this can be distributed without any formal title so you will probably be able to administer the estate by simply producing the death certificate to the relevant authorities and establishments such as the banks and HM pensions etc. If there is to be an inquest into the death, the Coroner’s Court should provide you with interim death certificates so that you can start the process yourself or make your probate application in the same way. Remember that all deaths have to be registered within 5 days and a death certificate issued.
Even if you do not need the probate process, you may need to have professional representation. Many banks and building societies require that you sign a form stating that you agree to divide the estate in accordance with intestacy laws or the terms of the Will and insist that this be witnessed by a solicitor. The Probate Bureau can advise you on this and whether or not it will be in your best interests to apply for probate.
Resolving even a small estate is still complicated and it is best to take some advice before you start. If you contact the Probate Bureau beforehand, they will be able to advise you whether probate is necessary. They can also advise and help with your probate application should you need it.
Whatever your circumstances, if you are a close relative or executor of a Will you will need to think about the probate process following bereavement. Contact the Probate Bureau to find the best probate format for you.

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