Probate Lawyer Answers Can The Dead Stay on a Deed

Probate without a Will explained by Folsom Probate Law

When someone passes away, probate is a legal procedure you should typically go through. It provides someone the legal authority to ‘administer’ the deceased person’s Estate. The Estate consists of everything he/she owned, such as property, cash and personal belongings.

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The administration of an Estate typically involves a lot of work. There are many legal, tax and administrative tasks to perform, such as getting a Grant from the Probate Registry, determining the worth of the Estate, paying any tax or financial obligations that are due, and dispersing the Estate to the beneficiaries.

Folsom Probate Law

The real process of Probate and administering an Estate is similar, regardless of whether or not the deceased individual left a Will. This indicates that in regards to the time it takes, there’s no real difference if someone dies having actually left a Will or passes away ‘intestate’ (significance without a Will).

Dying intestate does have some bearing on who is enabled to use for Probate and administer the Estate. This is because when someone writes a Will they choose ‘Executors’, and these individuals are accountable for completing the Probate procedure. But if someone does not leave a Will, the law decides instead.

According to the law in England and Wales, when someone passes away without a Will, the Rules of Intestacy use. They determine who must acquire the departed individual’s Estate, putting the deceased’s relatives in an order of top priority. So if their husband, better half or civil partner is still alive, he/she will be the main beneficiary.

After a partner or civil partner, the order of priority is:

Children
Grandchildren
Great grandchildren
Moms and dads
Brother or sisters
Nieces and nephews
Other close family members

Just a recipient of the Estate is enabled to apply for Probate when someone dies intestate. This person will be called an ‘Administrator’, instead of an Executor when there is a Will.

The Administrator should apply to the Probate Registry for a Grant of Letters of Administration. Again this is a little various if there is a Will, as the Executor should obtain a Grant of Probate. But otherwise the procedure is the same, aside from the truth the Estate will be distributed according to the Rules of Intestacy and not the terms of the Will.

It’s challenging to say exactly how long it will require to get a Grant of Probate and complete the Estate administration procedure. Every Estate is different, and complications can occur that cause delays.

Our Probate Solicitors estimate that an average Estate that includes a property will take between 9 and twelve months to finalise. Nevertheless this can be longer if the Estate is complicated or if issues happen– for example, if a recipient can not be found or the Will is challenged.