WHAT IS PROBATE?

Probate is the process to establish ownership of an estate - the property, assets and possessions of a deceased person.

When someone dies Intestate, i.e. without a Will, Probate is still legally required, although the process is known as Administration.

Each Probate case is different and the time it takes will depend on its complexity, the types of assets, legal or tax complications, as well as other factors.

With Kings Court, you can be rest assured that your case will be handled efficiently and cost effectively, with a personal case manager keeping you informed and providing you with the support you need every step of the way.

You will also be provided with an INSIGHT account if you wish, where you can monitor how your case is progressing online, anytime you like. 

WHO NEEDS PROBATE?

Generally Probate will be required to enable a person’s assets to be distributed following their death, however, each situation is unique and in some cases it may not be necessary.

Probate may not be needed when:

• all assets are in joint names and pass to the surviving joint owner
• the person who has died has left very little (usually less than £5,000)

Despite these exceptions, it is still important to check the rules with the relevant bank, building society or other financial institution.  Even with a small estate, these limits can vary between companies, so you will still need to contact each one separately.  

If there is even one asset in the sole name of the deceased, it is likely that Probate could still be required.

When someone dies without a Will (Intestate), there are specific laws on who is entitled to the assets. These need to be followed and it is always recommended to seek advice from a professional before proceeding.