Probate

Have you recently suffered a bereavement?
Dealing with someone’s affairs when they die can be complicated and confusing, especially at a difficult and emotional time. We can help support you and provide advice to executors on the process on how to administer the estate of a loved one.

Whether you need some advice on what steps you need to take to deal with the estate of a loved one or you are looking for someone to carry out services on your behalf, whatever your circumstances we have the right answers and solutions for you. At a time of loss, financial matters are very sensitive and you can be reassured that Allguard Services offer Fixed Fee Probate Services. This means the cost will be agreed upfront and there will be no hidden surprises.

Allguard Services work in partnership with a great team of solicitors who will manage all the legal aspects of the estate of administration. You can be assured of a very personal and highly professional service.

FAQ’s

What is an estate?
Someone’s estate is everything that they own; property, cars, life assurance policies, bank and building society accounts, any other investments and their personal belongings. Their liabilities include mortgages, loans, credit card, utility bills and any other known debts.

Your choice of Executors and/or the Solicitors they instruct can determine how quickly and efficiently the administration of the estate is progressed.

What is probate?
Probate is the court’s authority, given to a person or persons, to administer a deceased person’s estate and the document issued by the Probate Registry is called a Grant of Representation. This document is usually required by the asset holders (such as banks) as proof to show the correct person or persons have the Probate Registry’s authority to administer a deceased person’s estate.

When is Probate required?
Probate is required when assets are held in the deceased’s sole name such as bank accounts, investments, Premium Bonds, property, and property held as tenants in common. Please note banks have different Probate limits.

How soon can a Grant of Probate / Letters of Administration be obtained?
The timeframe will depend on how soon the Probate application can be completed, submitted and how busy the Probate Registry is.

Will I have to pay my loved ones debts?
No. However, it is a common misconception amongst people is that when a person dies their debts disappear but this is not the case unless otherwise stated. When a person dies their debts are paid for from their assets at the time of death. If their debt exceeds their available assets then the estate will be insolvent. Sometimes it is not known if an estate is insolvent until the grant of probate has been received. When the estate of the deceased is insolvent, gifts and legacies cannot be distributed to the beneficiaries under the Will. This part of the law is governed by Administration of Insolvent Estates of Deceased Persons Order 1986 (DPO 1986).

Who is a personal representative and what are their duties?
A personal representative is usually the named Executor of the deceased’s Will. When a person dies without making a Will, the personal representative is the person a grant of administration has been given to. It is the duty of the personal representative to pay off all debts of the deceased and if this is not done then they may be liable to pay money back into the estate. In order to avoid this, it is advised that the personal representative should apply for an Insolvency Administration Order.

It is advisable for executors/personal representatives to seek advice at the earliest opportunity to make sure that they understand their responsibilities. They can always appoint professional help at any point in the process.

Don’t delay
Get in touch with us today…

Email: info@allguardservices.co.uk

01844 213470 or 0345 057 3499

Based in Thame – If you live in Oxfordshire, Buckinghamshire, Berkshire, Northamptonshire, Hampshire or Surrey then we are here to help you.