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Upon death, the deceased’s Estate needs to be dealt with. Ideally the deceased will have a Will in place which states quite clearly what should happen to his/her property after death. The process of dealing with someone’s money, possessions or property is known as Probate.
If the deceased died intestate then you can apply to be an ‘administrator’ of the estate. In this case you will receive ‘letters of administration’ to prove you have the legal right to deal with the estate.
We can advise you in respect of both procedures. If there is a Will then the Executors will have been elected. We often advise Executors with carrying out the deceased’s wishes.
If the deceased died without making a will then we can advise if
- you’re the person’s next of kin, for example their spouse, civil partner or child.
- if you were still married or in a civil partnership with the person when they died, even if you were separated from them.
You cannot apply if you’re the partner of the person but were not their spouse or civil partner when they died. You’re not automatically entitled to any of your partner’s estate.
Applying for probate
If you’re an executor you can apply for probate yourself or use us. If there’s no Will you can apply for letters of administration. Again we will be only too happy to assist with this.
Unlike most firms we do not charge a percentage of the value of the Estate. This in our view is unfair to the Estate and an unnecessary expense. We will charge you for the work we carry out on an hourly basis, pursuant to our terms and conditions. If the Estate is small and uncomplicated we may be able to undertake this work on a fixed fee basis.