Need to know about Probate

Probate is the legally required process of administering a deceased individual's estate. This is the process of resolving all claims made against the estate, informing any creditors and resolving debts through the estate, distributing the deceased estate as instructed in the will to any beneficiaries it may state. Within probate, if the deceased has no will in place, law will establish where the deceased's estate will go through the rules of intestacy.

Difficulties of probate

Probate is by no means a simple process. There are many different factors emotionally, financially and logistically that can cause difficulties and delays throughout the process of probate.
Due to the emotional aspect involved with losing someone, probate can often take a long time to get started. Individuals are understandably more concerned with mourning the loss of a relative or friend than they are dividing up their assets.

Financially there will usually be difficulties during probate. If the deceased owed any money, creditors need to be informed so that any debts can be settled through the individuals' estate. If the individuals estate is worth more than £325,000 inheritance tax may be payable.

Challenges to probate

Probate, even when the will clearly states the deceased purposes, may be challenged. An individual is entitled to challenge any part of the probate administration. The following are the most common challenges that occur during a probate process:

• Will contest: This challenges the very validity of the will.

• A challenge to the status of the person serving as a personal representative.

• A challenge to whether or not the personal representative is administering the estate properly.

• A challenge to the identity of heirs. This is usually done through the process of DNA tests.

How long does probate take?

Probate length varies, all too rarely is probate clean cut and dealt with in a short space of time. The average length of time for probate to complete from start to finish is between six to nine months. Obvious delays occur through the mourning period but there are other factors that can cause a delay in proceedings. Any individual who believes they have a right to claim for the estate has six months from the deceased passing away to make a claim. If the deceased owned large sums of land and property then the probate process will be further delayed.

The financial matters of the deceased, as mentioned under the difficulties of probate, will also make a difference. If the deceased has no debts then the process can move to the next stage, if the deceased has debts then the necessary creditor arrangements are to be made which slows the process down.

What is the best process for dealing with probate?

There are two main options but in my opinion only one is advisable. You can either go through the process with a probate solicitor or you can do DIY probate. DIY probate can be a very difficult task to undertake. Combining the mourning process with the stresses of administering probate is unadvisable. Although DIY probate is advantageous in the way of it saving you money, it can often be a more costly option than employing a probate solicitor.

Probate is a very complex field, there are so many areas to cover, to try and cope with the complexities of probate whilst mourning a lost one can often result in mistakes being made. What's worse is if anything should go wrong as a result of your inexperience then you could be held fully liable to cover the losses incurred by any party. That is why I would advise the use of professional probate solicitors, taking the complex process out of your hands, avoiding liability and leaving you to mourn the loss of a relative or friend without the unnecessary added stresses of probate.

I am a legal writer who specialises in probate, if you would like more information about this topic and would like to find a solicitor, I suggest you have a look at lawontheweb.co.uk