Probate is one of those phrases you have probably heard but never needed to understand. If now you are curious, or unfortunately at a point where you need to find out about it then here is everything you need to know in a less than 5-minute read!
What is probate?
Probate is essentially the legal right to deal with someone’s estate after their death. When someone dies, before you can distribute the estate, sell a property or even know fully what money someone had you could need a grant of probate though this is not always the case.
If someone did not leave a will you will instead get letters of administration. Again this is essentially the legal right to deal with their belongings and assets after their death.
Sometimes probate is not needed, for example for someone with very limited assets such as a small bank account for basic living expenses, no property etc. It is also not needed for jointly owned land or property. If you are not sure if it is needed though it is always wise to check. Check here who can apply for probate before you start.
Who is responsible for gaining probate?
The next of kin and/or executor of the will are usually the people responsible for dealing with the deceased assets and can apply themselves for probate in the UK or use a specialist solicitor.
The forms are really quite user-friendly and HMRC do have a helpline so you are able to get support with doing it yourself if you feel money is tight and do not want to involve solicitors.
The rules outside the UK including in The Channel Islands are different so do check out their individual laws.
A good probate solicitor anywhere should help you and the costs involved in this can be taken ultimately from the estate of the deceased so if you are unsure always ask a professional for support.
Who inherits when someone dies
If someone dies with a valid will the person or people who inherit are those named in the will. This obviously could also be nobody but a cat shelter or charity.
I believe everyone should have a will because there will always be uncertainty otherwise if you have a complicated family set up or are not married. Do you have a will? If not get thinking about if you need one and organising it.
If you die without leaving a will there is a legal order of inheritance which must be followed. At the top is the husband, wife or civil partner of the deceased, including if they are separated.
As I am not married to Stuart, if I did not have a will, everything would then go to Ben as my only child. You can see the legal order of inheritance in the UK here, it could be different in other countries, especially around the legalities of partners if you are unmarried so do check this.
