What We Do. Any Question? Give us a call on or enquire online. Change text size A A. What is probate of a will and letters of administration? There are two types of these grants: probate — where there is a will letters of administration — where there is no will A grant of representation gives a person the legal right to administer the estate of a person who has died. Some small estates might not need a grant of representation.
Why do you need a grant of representation? Probate makes the will legal The court needs proof that the executor listed in the will is alive, willing and able to do the tasks they need to do. How do you apply for probate? What if there is no will? What are letters of administration? What issues can come up when applying for probate? How long does probate take? Being granted probate usually takes two weeks from when you apply. Next steps We recommend that you apply for probate or letters of administration as soon as possible.
Let's Talk We're here to help you every step of the way Give us a call at or fill in the form to enquire about our services. Skip to main content. Home All about wills What happens to a w What happens if a will is found after prob What happens if a will is found after probate?
When can a grant be revoked? On the late discovery of a will the grant can be revoked: if a will has been discovered where there was thought to be no will, after the grant of the letters of administration ; or if a later will is discovered, after the grant of probate. Other instances where the grant may be revoked include: if the grant has been made through a lack of care this may be referred to as per incuriam ; or if the name of the deceased as stated on the grant is incorrect.
Consequences of revocation If the grant is revoked, a new grant of probate should be applied for according to the terms of the new will. Document previously created. You have already started an interview to draft this document. If you would prefer to continue with an existing draft, please click on it.
The court will appoint next of kin if they didn't leave a will. For instance, the court might appoint the surviving spouse or an adult child. This person isn't obligated to serve. They can decline and the court will then appoint someone else. The appointed executor will receive "letters testamentary" from the court. This is a fancy, legal way of saying they'll receive documentation allowing them to act and enter into transactions on behalf of the estate. This documentation is sometimes referred to as "letters of authority" or "letters of administration.
It might be necessary for the executor to post bond before they can accept the letters and act for the estate. But, some wills include provisions stating this isn't necessary.
Bond acts as an insurance policy that will kick in to reimburse the estate in the event the executor commits some grievous error—either intentionally or unintentionally—that financially damages the estate. Beneficiaries can elect to unanimously reject the bond requirement in some states, but it's an ironclad rule in others.
This is particularly true if the executor ends up being someone other than the individual nominated in the will or if they live out of state. The executor's first task involves locating and taking possession of all the decedent's assets so they can protect them during the probate process. This can involve a fair bit of time and sleuthing. Some people own assets they've told no one about, even their spouses, and these assets might not be delineated in their wills.
The executor must hunt for any hidden assets, typically through a review of insurance policies, tax returns, and other documentation. In the case of real estate, the executor is not expected to move into the residence or the building and remain there throughout the probate process to "protect" it. But they must ensure property taxes are paid, insurance is kept current, and any mortgage payments are made to prevent foreclosure so the property isn't lost. The executor might literally take possession of other assets, however.
They might place collectibles or even vehicles in a safe location. They'll collect all statements and other documentation concerning bank and investment accounts, as well as stocks and bonds.
Date of death values for the decedent's assets must be determined and this is generally accomplished through account statements and appraisals. The court will appoint appraisers in some states, but in others, the executor can choose someone.
Many states require that the executor submit a written report to the court, listing everything the decedent owned along with each asset's value, as well as a notation as to how that value was arrived at.
The decedent's creditors must be identified and notified of the death. Most states require the executor to publish notice of the death in a local newspaper to alert unknown creditors. Creditors typically have a limited period of time after receiving the notice to make claims against the estate for any money owed. The exact time period can vary by state.
The executor can reject claims if they have reason to believe they're not valid. The creditor might then petition the court to have a probate judge decide whether the claim should be paid. Valid creditor claims are then paid. The executor will use estate funds to pay all the decedent's debts and final bills, including those that might have been incurred during the final illness. The executor will file the decedent's final personal income tax returns for the year they died.
They'll figure out if the estate is liable for any estate taxes, and, if so, file these tax returns as well. Any taxes due are also paid from estate funds.
This can sometimes require liquidating assets to raise the money. Estate taxes are usually due within nine months of the decedent's date of death. When all these steps have been completed, the executor can petition the court for permission to distribute what is left of the decedent's assets to the beneficiaries named in the will.
This usually requires the court's permission, which is typically only granted after the executor has submitted a complete accounting of every financial transaction they've engaged in throughout the probate process. Some states allow the estate's beneficiaries to collectively waive this accounting requirement if they're all in agreement that it's not necessary. Otherwise, the executor will have to list and explain each and every expense paid and all income earned by the estate.
Some states provide forms to make this process a little easier. If the will includes bequests to minors, the executor might also be responsible for setting up a trust to accept possession of these bequests because minors can't own their own property.
In other cases and with adult beneficiaries, deeds and other transfer documents must be drawn up and filed with the appropriate state or county officials to finalize the bequests. An intestate estate is one where the decedent did not leave a valid will. It may be that they never made one.
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