Simply put, the probate refers to the first step to prove the validity of a will and start to administer the estate of the deceased person. So the will and probate are inter-related. Usually, the executor applies to the court for letting him or her do the biding of testator, and furnishes the will to the court. This procedure is legally referred to as “grant of representation”.
Since people can change their will many times, it is the duty of the court to ensure that the will being presented to it for issuing a probate is indeed the last will of the person, and that no other will or codicil was executed after this will. Some people execute the will, but others do not know whether it was executed and registered. The court takes into record the will and after authenticating it, lets the executors do as specified in the will.
Sometimes there is no will. Therefore, if the property is in the name of somebody who is deceased, how is it to be transferred or shared among the survivors? Luckily, there is a provision under the UK laws for such situations as well. An administrator can be selected by all family members, and he or she can apply to the court for doing the needful. At times the will is executed by the deceased but the name of the executor is not mentioned in it.
It may take anywhere between six months to nine months to obtain the probate. But it may even take longer depending upon how complex the will is, and the nature of the assets being distributed in it. If the assets are of high value, then it will take longer to obtain that probate.
There are asset classes of the deceased for which Probate Solicitors Kent are not necessary. Usually, these are joint accounts. In such cases, the surviving account holder can furnish the deceased’s death certificate, and the banks or other institutions as the case may be.
Solicitors can play a crucial role in obtaining that probate. They know the procedure and are able to fill in forms promptly and properly, effectively moving the work faster. Solicitors in Kent would know where to file the application for grant of representation, which an ordinary person may take a long time to find out, and even if he or she could, the sequential process such as finding out if there is any other will over riding the one they hold, needs to be followed perfectly for faster results.