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What is Probate?

We speak to many people who are very confused about probate. Dealing with legal and financial paperwork at such an emotional time can be daunting. Even in the simplest estates there is a surprisingly large amount of correspondence with various institutions such as the Inland Revenue, the Department for Work and Pensions and The Principal Probate Registry Office to name just a few.

If there is a Will
It is necessary to obtain a legal document (called a Grant of Probate) that allows an executor to distribute assets as detailed in a person's Will.

If there is no Will (intestacy)
It is necessary to obtain a legal document (called a Grant of Letters of Administration) that allows the next of kin to distribute assets inaccordance with the Rules of Intestacy.

In simple terminology, "probate" is a legal way of distributing a person's assets on death
There are specific situations that dictate whether an executor needs to obtain probate. Generally probate is not required for estates where assets in the sole name of the Deceased are under £5000 However some institutions may insist on a Grant of Probate or Letters of Administration to release any asset.

5 reasons to contact the Probate Bureau

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