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Do I need to apply for probate?
It is not always necessary to obtain Probate when a person dies. Probate is only needed when there is no other way to move assets to the heirs of the estate. When the deceased has taken other steps to distribute assets, probate might not be needed. If properties are jointly owned they will usually pass automatically through to the other joint owner.
How long does probate take?
When you apply for probate it usually takes about four to six weeks once the application is submitted. But it can take months to even be in the position to apply for a grant of probate, on average it takes six to nine months to fully complete the probate process. Sometimes it will take longer depending on how complicated the estate is especially where inheritance tax is applicable. Complications like unclear records of assets or if the will is contested can also lead to it taking considerably longer.
Do I need probate if my husband dies?
If all the assets are jointly held with a spouse the deceased assets will move across automatically. Although property may be held as Tenants in Common, in which case they will only pass via the will written by the deceased, or Intestacy Rules. Any property held solely in the deceased’s name will need a Grant of Representation, however if the estate is small and no asset is worth more than a certain amount it might not need it. Regrettably there is no set rule as to when probate is required. Institutions holding a deceased persons money have a right to ask for probate especially if the assets exceed £5,000.
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