Probate Process Basildon Posted by Probate Bureau , 16/04/2019

Probate Process Basildon

When a person passes away, it is more than likely that you will need to go through a process known as "probate". This gives you the legal authority to deal with their "estate" - meaning everything they've owned.

Here at The Probate Bureau, we are experts on the probate process in Basildon and will be able to help you each step of the way. We are passionate and care about protecting your inheritance, so you won’t be treated like just another number. We understand that every case is unique, and we ensure that our team treats you how we would like to be treated ourselves.

To find out more about our services, please be sure to give us a call on 0808 256 2366. We’ll be more than happy to discuss your situation and ensure that your loved one’s estate is dealt with properly.

What the Probate Process Involves When There is a Will

If the deceased had written a valid will before they passed, then it will provide instruction as to who should apply for the Probate as the executor and administer the estate, and who the beneficiaries are.

Once the executor begins the probate process, the first thing they should do is obtain an official copy of the death certificate, so they can apply to the probate registry for a Grant of Probate. The Grant of Probate is a legal document that confirms that the named executor has the right authority to deal with the deceased’s estate. To get this grant, the executor will also need to fill out a PA1 form, which asks for details about the deceased, their relatives and their assets.

This PA1 form will need to be sent back to the probate registry, along with a correct inheritance tax form, the official copy of the death certificate, the probate registry office fee, the original will, three other copies of the will and any codicils.

If there is any payable inheritance tax, the executors will need to arrange payment, otherwise the Grant of Probate will not be issued. The executor will also need to swear an oath, to promise that all the information they have given is true to the best of their knowledge.

The probate registry will then decide if all the information that has been given is in order. If it is, a grant of probate will be issued. Only once this grant has been issued, can the executors start ‘administering’ the estate. This administration process will involve collecting in, transferring or selling the assets, paying off any debts the deceased had and finalising any other affairs such as rehoming their pets.

You should then distribute the estate to the named beneficiaries. This process should be relatively straight forward, as the will should detail exactly who should receive what.

Once all of the estate has been distributed, as the executor, you must prepare the final estate accounts. These must be signed by all of the executors and main beneficiaries. Once this has all been done. The probate and estate administration process will be complete.

What Does the Probate Process Involve When There isn't a Will?

It is very common for people to not prepare wills. If you find that your loved one has not written a will before they passed, you will still have to apply for probate. In this case, you will be known as the administrator, not the executor.

As the administrator you still need to apply to the probate registry, but for a Grant of Letters of Administration. This process is almost the same as applying for a Grant of Probate, as you will need to complete the PA1 form and send it back to the Probate Registry with the correct documents – inheritance tax form, official copy of the death certificate and probate registry fee. However, you will find that certain sections of the PA1 form aren’t relevant to your situation as there isn’t a will. You can leave these sections blank.

You must also arrange the payment of inheritance tax and swear an oath, if applicable.

The Probate Registry will then read over all of the information you have provided, and if they are satisfied, they will issue you with a Grant of Letters of Administration. This grant will give you the legal authority you need to start winding up the deceased person’s affairs.

Once this has been done, the estate will be distributed to the beneficiaries. Though, as there is no will, the estate will be distributed according to the rules of intestacy. These rules will specify an order of who should benefit from the estate. The order goes as follows:

  • Spouse or civil partner
  • Children/grandchildren
  • Parents
  • Brothers and Sisters
  • Grandparents
  • Uncles and Aunts

Finally, the estate accounts must be prepared to be approved and signed by the beneficiaries.

What Responsibilities and Liabilities Will You Have as an Executor?

If you find yourself appointed as an executor, you will have a significant amount of responsibility to deal with. You’ll have to take on the whole probate process in Basildon that can take up to a year to complete. What’s more, if any mistakes are made, you will be held personally responsible.

This is why many people choose to instruct The Probate Bureau to act on their behalf. We will be able to shoulder the whole burden of winding up an estate, all the way from paying the funeral director to getting final inland revenue clearance. We aim to provide the very best service at a fair and reasonable fixed fee, thanks to our highly qualified team. We won’t charge you an hourly rate or charge you for each telephone call, email or letter. You’ll be able to call whenever you have a question or problem without having to worry about escalating fees.

So, if you’re in need of some advice, please feel free to call us on 0808 256 2366. We’ll be more than happy to tell you all you need to know about administering a loved one and how to work through the probate process in Basildon.

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