A guide to probate

• Grant of representation gives the executor the right to deal with the affairs of a deceased person. This process is known as probate.

• Anyone mature and responsible can be made an executor.

• The law makes the final decision in cases where there is no will.

The process that gives the right to deal with the affairs of a deceased person is known as probate. Once the person has deceased, the executor will apply for a legal document, the grant of representation,' to sort out their affairs. The grant is a legal document giving the right to the executor to deal with the person's money, property and possessions (the estate). Make sure you find out how to get reputable legal advice on making a will.

The procedure of execution goes as follows:

1) Gather information about assets and verify the will to confirm the executor. In the absence of a will, the next of kin can apply to be the executor.

2) Applying for a grant of representation will give the executor legal rights to access money, property and possessions. Ensure Inheritance Tax is paid before collecting assets.

3) Collect assets and settle all financial, legal and tax affairs.

4) Administer final wishes and distribute to the beneficiaries.

You may not need a grant if the estate was held in a joint account and is passed on to the (surviving) spouse or partner and in cases where it does not include property, land or shares.

Who can be an executor?

Always take care to choose the right executor. They can be a professional solicitor, accountant or bank. They can also be a family member or a close friend; anyone aged over 18. It's always better to select two executors, in case, one dies before you do. They should be chosen based on their sense of responsibility and your trust in them to follow out the directions as per your wishes, and resolving issues in a fair and diplomatic manner. If it is a friend or family, ensure that they're well aware of all the procedures involved. If a professional is employed, understand the costs involved. You could also go for a combination of both friend or family and a professional.

Applying for probate

If there is a will

If you are the executor, then you can directly apply for a grant of representation, and if there is more than one executor, the guidance notes and probate application forms will give clear instructions on what is to be done. The local Probate Registry is to be contacted in cases where executors are not mentioned clearly in the will or they are not able or willing to apply the instructions.

If there is no will

If a will is not made before the person dies, then they are said to have died, 'intestate.' The law will then decide who inherits the estate - money, property and personal possessions. Partners who have not entered into a civil union cannot apply and are not entitled to any of the deceased partner's estate. Your rights must be confirmed with legal authorities. If the partners were separated, but not divorced, then the surviving partner is entitled to all or some of the estate. They must apply for the grant.

In complex situations, dealing with the estate of someone who has died without leaving a will can take a long time, months or even years, to get resolved. In these cases, it is best to get help from professional solicitors. Consult one as soon as possible, and show them all related documentation and information regarding the deceased person's belongings and financial affairs. During this time, it is advisable to put small valuable items away in safe custody.

Property and Finance

You don't require a grant of representation when you had shared a joint account with the deceased person. Their share automatically gets transferred to yours. If a property was held under 'joint tenancy,' the surviving partner inherits it, but if it was owned as a 'tenancy in common,' the will needs to be referred before beneficiaries are agreed upon.

Grant of representation

The process of applying:

1) Complete a probate application form by filling it out yourself or seeking help on the probate and inheritance tax helpline by calling 0300-123-1072.

2) Complete an inheritance form by working out the total worth of the estate and paying due tax.

3) Send your application to your local probate registry along with the above two forms, death certificate, the original will, and an application fee of £215 (not applicable for estates worth less than £5,000).

4) Swear an oath at a local probate office or the office of a commissioner for oaths.

After following the above steps, you can expect to get the grant through mail within 10 days.

After the Grant has been issued, you should contact all organisations (bank, pension office) to release the assets of the deceased person and transfer it into the executor's account. After all outstanding dues are cleared, the estate can be distributed according to the will or the law. In cases of dispute in the will or the granting of representation, the issue of the grant can be stopped, by request, through a caveat that can be valid for up to six months.

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