Probate is the process of appointing executors, giving them the legal powers to administer the estate and challenging any questionable decisions. Without probate, executors must rely on the validity of the will to authorise their actions, which can prove difficult to reliably prove. As such, if the will is not legally binding, the executors can be charged for damages if they are found to be acting without the proper authority.
In more general terms, probate refers to the process of administrating the estate – transferring payments, authorising the sale of property, etc. With a valid probate document, the deceased’s assets can be released to one or more people appointed as executors.
Before acquiring probate, the assets of the deceased are often ‘frozen’ to protect against ‘incorrect distribution’ until you can prove that you have the deceased’s consent and the legal authority to access bank accounts, sell property, etc.
A common misconception is that probate is not needed if the deceased has a valid will. In cases where there is a valid Last Will and Testament, it is called a ‘Grant of Probate’ but if the deceased is intestate it is referred to as ‘Letters of Administration’.
Probate is often a long and complicated legal process, especially in cases where there are disputes over the terms of the will, or no valid will at all. In order to minimise the emotional stress and hassle over paperwork and legal battles, we recommend seeking professional probate services.
At Knightsbridge Solicitors, we can help you through every step of the probate process and execute the Last Will and Testament in keeping with the wishes of the deceased. To learn more or request a consultation with one of our Will and Probate Law experts, call us on0115 824 1700 today.