The death of a loved one can be especially hard to cope with and at times may seem like an uphill struggle, alongside having to deal with tasks that may not come naturally to people. Planning the funeral itself can be extremely difficult and prove to take people out of their natural comfort zone, making it an emotionally draining prospect.
Once the funeral is over, minds must then turn to matters of dealing with the estate of the deceased, and this itself can prove to be a difficult prospect. In cases where no will has been left by the deceased, it can then seem impossible to make the correct choices that would honour the last wishes of our loved ones who have passed on, due to the lack of instructions left.
In a growing number of cases people are not leaving wills and this has led to an increase in the need for the use of probate services. For those who have never come across these services, Andrew and Andrew’s team are probate solicitors in Emsworth who could be there to help.
It is important to point out that if the deceased has left an estate of £15,000 or less then probate may not be required, however where the estate exceeds £15,000 it is important to engage the services of a probate solicitor who can help to guide you through the probate process and take care of any legal issues that may occur.
The legal process must be followed fully and comes under the jurisdiction of the Chancery Division of the high court of justice. Only the high courts can grant permission to close bank accounts or sell the property that belonged to the deceased, and it will do this by producing documents that are collectively known as the Grants of Representation. This is the main function of the Probate Registries, which is part of the high courts.
Before an application can be made for the grants of representation, there is a need to define the estate of the deceased. This means collecting all the details of any property, possessions, and bank accounts that are in the name of the person who has died.
There may be a need to contact several different organizations about the affairs of the deceased, each of which may have their own rules regarding someone dying and probate. For this reason, it is recommended that a solicitor deals with any organisations involved on someone’s behalf.
One the estate has been defined the application can be made to the high courts for the Grants of Representation. Upon receiving this a solicitor can appoint executors to oversee the distribution of the estate and to ensure that the last known wishes of the deceased are carried out in the best way possible.
At this stage, a value is assigned to the estate as a whole and it is prepared to be distributed to those who the deceased wish to benefit after they passed. The executors will seek council from the solicitor and give all instructions regarding the distribution to them.
Using a probate solicitor to deal with the estate of a loved one will allow people to have the time where they are not focused on the legal issues around someone dying. Instead, they can use this time to grief in a manner that is healthy for them.