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A Grant of Probate is a Court Order which allows an Executor to deal with the property of someone who has passed away. If someone dies without a Will, the order is called Letters of Administration (and the person with the authority is called an Administrator). We will refer to both as Grant of Probate below.
When someone dies, if they owned a property alone or with someone else as Tenants in Common, an Executor/Administrator will need to obtain a Grant of Probate, so they have authority to sell the property. LCF can assist you with this. When someone owns a property, that person’s share of the property passes by their Will, or if there is no Will, by the intestacy rules.
If a property is owned as Joint Tenants, Probate is not required as the property automatically passes to the surviving owner(s) (this is known as the ‘rule of survivorship’). The Land Registry will require sight of the Death Certificate.
An Executor/Administrator should also ensure that the property remains insured and if it is empty, inform the insurers that the property is unoccupied.
The Personal Law Team advises on all aspects of the full range of personal law issues for individuals and families. Whether that be; preparing Powers of Attorney, assisting with a Deputyship Application, drafting Trust documents, drafting Wills, inheritance tax planning or assisting with Probate.
If you have any queries or would like any advice, please contact Neil Shaw on 01274 386 992 or email firstname.lastname@example.org for more information.
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