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Article Synopsis
This article looks at the whole process of probate, how it is granted, who is involved, and where a house clearance might become necessary as a way of assessing the value of the dead person’s estate.
In many cases, this clearing work is best tackled by a professional clearance company such as ASAP Clearances – and we briefly explain the reasons why.
This article is three- to four-minute read.
Probate house clearances are one of the key areas of ASAP Clearances’ operations, and we appreciate that it can be a difficult time for you dealing with the death of a loved one – particularly if you haven’t had any experience of the legal processes involved.
Here we provide a step-by-step guide to how the whole process of probate works, including the house clearance side, if you have been named as an executor of the deceased person’s will.
Probate House Clearing in Muswell Hill and Across London from ASAP Clearances
ASAP Clearances carry out probate house clearing in Muswell Hill. Potters Bar, Highgate and many other parts of London. For more information on how we approach these types of clearances, follow this link.
The First Steps
When your loved one has passed away, you may find that you have been appointed as their executor (other terms for this include administrator or personal representative). You should approach the deceased person’s solicitor, if you know who they are; if not, they may approach you.
Through the solicitor, you should submit an application for a Grant of Probate (if there's a will) or Letters of Administration (if there's no will) to the Probate Registry. Once the court issues this, you have the legal authority to act. Remember, you have a responsibility to manage the deceased person’s assets in the best interests of all the beneficiaries, not just yourself.
The Valuation
One of the key tasks of any executor is to assess the value of the deceased person's estate. This includes their property, investments and possessions and any liabilities (debts ranging from any outstanding loans to the utility bills). At the same time, they will need to verify who is entitled to inherit what from the estate, under the terms of any will or the rules of intestacy (which apply where there isn’t a will).
This is important as it helps determine the amount of inheritance tax which needs to be paid. Remember that probate valuations differ from market valuations – the latter estimates the amount an item could sell for in the current market, while the former estimates the value of an item on the date of the deceased’s death.
If this seems a lot to take on, remember that any solicitor involved in the process should help you.
The House Clearance
You should make sure the dead person’s property has been secured. Therefore, ensure you have all the keys that are in circulation. If you think there might be others, then consider having the locks changed.
You can go through the process of clearing the house yourself, donating items to charity and ensuring any named bequests in the will go to the right people, but you may find you have a lot of other things to do at the same time.
This is where professional clearance companies such as ASAP Clearances come in. We are highly experienced in dealing with probate clearances. We will take a lot of the work out of your hands, although there are one or two preparation tips which will make the whole process simpler (for more details, read our previous post here.)
Finishing Up the Paperwork
Once the estate has been valued, the inheritance tax (if any) can be paid. This is particularly important if you are planning to sell your loved one’s property. Once the tax has been paid all the assets can be distributed, including any specific bequests.
Probate House Clearing from ASAP Clearances
At ASAP Clearances, we carry out every probate house clearance sensitively and efficiently. We realise the death of a loved one can be a difficult time for you, so we can work directly with probate solicitors as well as executors.
A probate house clearance can also include the grounds of the property. We also carry out garden clearing in Hendon, Barnet and across London; this can involve getting rid of any garden rubbish (including clearing out sheds and greenhouses).
If you’d like to know more about any of our services, you can call us on 020 3475 0508 or follow this link and complete the online form.
FAQs
How long does the whole probate process take?
The whole probate process generally takes between six months and a year. It may be less straightforward if any of the deceased person’s assets are tied up in stocks and shares, if there are any legal challenges along the way, or if there are a lot of specific bequests to deal with.
How many estates in the UK require probate?
Around half of all estates in the UK require a Grant of Probate. Those which don’t need one are usually those with a low value, and straightforward assets (cash rather than stocks and shares). Assets which are held jointly with another person may pass directly to the surviving owner, bypassing the probate process.
To give you some idea of the numbers, in the UK, between July and September 2023, more than 61,000 applications for probate grants were made.
When can you sell the deceased person’s house, if that is part of their estate?
When someone dies, you’ll need probate to be granted before the house can be sold in most cases. You can market the house while waiting for probate to be granted, but you’ll need to warn potential buyers.
Remember, you don’t need to sell a house after someone dies. The beneficiaries can transfer the home into their names and live in it, rent it out or sell it later. However, you’ll need to pay any inheritance tax, which usually becomes due six months after someone dies – whether you’ve sold the house or not.