Q. How long will it take to get the Grant of Probate Letters of Administration?
A. This depends on the circumstances of the estate in question. For a straightforward estate we would estimate to be able to apply for the Grant within 4 - 6 weeks from seeking your instructions.
Q. What happens with debts of the deceased, for example funeral expenses.
A. We will consult the creditor and inform them of the circumstances and then we will discharge the debts once the estate has been put in funds.
Q. Is Probate Letters of Administration needed in every case?
A. No. We can advise you if such an application is needed, and this will depend on the assets involved in the estate. If a property is in the sole name of the deceased then an application will invariably have to be made.
Q. Who is entitled to the Grant?
A. There are rules which govern who may be given a grant. If there is a Will with named Executors they are the first people entitled to a grant.
Q. If there are no Executors or the Executors are unable or unwilling to apply, the next person entitled to a grant is any person named in the Will to whom the deceased gives all his estate, or the remainder after gifts have been paid.
A. If the deceased has not made a valid Will, application for a grant should normally be made by his or her next of kin in the following order of priority:
1. Husband or wife
2. Sons or daughters
3. Parents
4. Brothers or sisters
5. More distant relatives
2. Sons or daughters
3. Parents
4. Brothers or sisters
5. More distant relatives
A grant cannot be issued to any person under the age of 18.
When more than one person is entitled to a grant the Executors may all obtain a grant together, however there are a maximum of four applicants allowed. In most cases only one person needs to obtain a grant, but there are circumstances when the Executors and another person may need to obtain a grant together.
Q. I am not sure if the deceased left a Will, do I apply for Probate or Letters of Administration?
A. If there is reason to believe that the deceased may have left a Will then all necessary enquiries should be made and adverts should be placed.
Q. What happens if we do not know the whereabouts of any of the beneficiaries?
A. We can instruct professionals who can trace missing beneficiaries all around the world.
