Five step guide to probate – No.3 – when do I need to apply ?

16th September 2015

When a loved one dies, not only is it an emotional
time for close relatives but there is a lot to do including registering the
death and organising the funeral. You
will also need to make appropriate arrangements regarding the assets and
property of the deceased.  If your loved
one left a will, their wishes should be clearly set out for the executors to
follow.  If there is no will, then the intestacy rules will determine who
will inherit and in what order.

Regardless of whether there is a will or not,
someone to get the legal authority to deal with the estate, and this process is
known as obtaining a grant of probate.  The process can be complicated and an
inexperienced executor could cause unnecessary delays.

In this series of blogs, Shelly Wainwright,
solicitor in the wills and probate team at Ansons Lichfield office, Staffordshire, answers your frequently asked questions on probate –
including how the probate process works, how you need to apply and how we can

When do I need to

We usually recommend that the application is dealt
with promptly.  However, you do not need to
take any steps until you have registered the death and after the funeral has
taken place if you do not want to do so.

The information on the application relates to the
date of death.  Over time it is more
difficult to find out the values of assets at date of death.  If the application is dealt with in a timely
manner then the matter will be much more straightforward.

Our wills and probate team advise and support
families throughout Staffordshire in making an application for probate.  We can also act as a professional executor.

For further
information and advice, please contact Shelly Wainwright in the wills
and probate team, on 01543 267 984 or email  Ansons Solicitors has offices in Cannock and Lichfield, Staffordshire.