Do I really need a grant of probate?
I am often asked by executors whether they really need to obtain a grant of probate.
Unfortunately the answer is generally – it depends.
It will depend on where the assets are located, the value of those assets, and the type of assets (e.g. land, shares, bank accounts, artwork).
Other factors that may influence whether an executor applies for a grant include:
- concerns about the validity of the deceased’s will;
- inability to locate the original will; and
- concerns of a claim against the estate.
It is important to seek legal advice early on in the estate administration process to determine whether a grant should be obtained.
I suggest you put together a list of the estate assets and liabilities, or gather all the paperwork up, before seeking legal advice.
Willwise has a Probate and Estate Administration Checklist available for download.
I am happy to talk to you about the estate you are administering to help you determine whether a grant of probate will be required. You are welcome to call, email or schedule a quick 15 minute on-line appointment.