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Common Problems People Face During Probate Process

When someone dies, whether they've written a will or not, their estate must go through the probate process.

When a person has written a will, they have usually named one or more persons to act as the executors of the will, which means they are responsible for carrying out the deceased's wishes when administering the estate. They have to apply for a grant of probate to do so, and issued by the court.

If a person dies intestate - which means without a will, an application for a grant of letters of administration needs to be made. The person who can make such a request is the person who has the legal right to deal with the deceased's affairs and is usually a close relative, if there is one.

The people tasked with administering the estate are responsible for finding out whether inheritance tax is due on the estate and, if it is, they must ensure it is paid.

It can take up to a year to complete the probate process because many organisations are involved in probate. This can be anyone from the bank where savings are held to HM Revenue & Customs.

To make it even more complicated, it can sometimes be confusing when it comes to charges, but the cost is usually paid from the estate.

When someone dies intestate there is a precedent for the way the estate is divided, passing to the surviving husband or wife first. If they are a widow or widower, the estate automatically passes over to the children - or it passes by survivorship along the blood line.

Dying intestate without any heirs means the estate passes to the state.

Without a will you can't dictate who or where your estate goes to once you die. It's important to plan what you want done with your worldly possessions before you die, but worryingly more than half of adults in the UK still don't have one.

By: LukeScott

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Luke Scott is a renowned author on various law related articles. For more information on probate solicitors, please visit www.finalduties.co.uk/

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