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Hegarty Solicitors in Stamford answers your legal question on the probate process

Each week, Hegarty Solicitors in Stamford answers your legal question.

This week the question is: What is the probate process?

And the answer, from Andrea Beesley-Hewitt, of Hegartys?

Hegarty Solicitors
Hegarty Solicitors

At Hegarty Solicitors we specialise in the probate process, from the point at which someone dies – we understand there can be a lot of complexities to make sense of, so we always offer you clear guidance and bespoke advice.

If probate is required, automatically, then most cases will follow the below process:

1. First the death of the individual will need to be registered.

Andrea Beesley-Hewitt, of Hegarty Solicitors
Andrea Beesley-Hewitt, of Hegarty Solicitors

2. You will need to establish whether there is a will.

3. An application for a grant of representation (also known as a grant of probate) will need to be made. A grant of representation is a court issued document proving the executor’s entitlement to deal with the deceased estate. An executor is someone named in a will as taking legal responsibility for carrying out the instructions left in the will regarding the deceased’s estate. If there is no will, the administrator will take legal responsibility. The rules of intestacy determine who may apply to be the administrator(s).

4. Value the estate.

5. Submit an inheritance tax form to the HMRC to see whether the estate is applicable for inheritance tax.

6. Distribute the remaining assets, according to the will (if there is one) or the rules of intestacy.

For more information please contact Andrea Beesley-Hewitt at Hegarty Solicitors on 01780 750 952 or email andrea.beesley-hewitt@hegarty.co.uk

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