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    What is probate and why does it matter?

    Losing a loved one is always difficult, and managing their estate can feel overwhelming. Understanding probate is not just a legal step – it is crucial for protecting both the estate and the family’s peace of mind. Probate is the formal process of handling someone’s property, money, and possessions after death. If there’s a will, executors apply for a grant of probate to confirm their authority. Without a will, the next of kin apply for a grant of letters of administration, giving them legal authority to administer the estate.

    Probate is needed when the deceased owned property, held money or shares in their sole name, or when disputes arise. Estates over around £15,000 generally require probate, though thresholds vary by bank or institution. Jointly owned assets, or estates where debts exceed assets, may not require probate, as ownership can pass automatically to the surviving owner.

    Dying without a will triggers statutory rules that typically prioritise a spouse, then children, and other relatives. A grant of letters of administration ensures someone has the legal authority to manage the estate correctly. Once granted, executors or administrators handle responsibilities including closing accounts, collecting funds, paying debts and taxes, selling assets if needed, and distributing the remaining estate.

    Even straightforward estates can involve unexpected complications, from tax liabilities to disputed assets, and mistakes or delays can be costly. Seeking expert advice is essential to ensure the estate is managed efficiently, obligations are met, and potential pitfalls avoided. Professional guidance gives families reassurance that the estate is handled correctly, protecting both its value and family relationships.

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    Written by:
    Wendy Anderson
    Partner
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