A probate is that instrument that administers the estate of a deceased person. In England and Wales, the Probate enables the executor to deal with and distribute the estate of the deceased as per his Will. In England and Wales, a probate is usually obtained from the court by the solicitors but in cases of assets of low value, the executor can act individually and there is no requirement to go to the court. Some probates are contested in the court of law but most of them remain uncontested. If a person dies intestate then the next of his kin will seek for “letters of administration” instead of a probate, but basically there is no difference in the procedure. It is nothing but an affidavit, wherein, the executor speaks about the death of the person who has made the Will, his property and the value of his property. The original will has to be lodged along with the probate registry, the probate fee depending upon the valuation of the property. The probate is granted within a maximum period of 10 days provided all the documents are all right. In simple cases where the property is of a low valuation, Probate can be filed at the office of the Probate Registry by the executor himself. The staff of the Probate Registry office help such executors in lieu of a very meager amount of money. If required, the staff of the Probate registry office also draft the application for the executor. In complicated matters or in high value matters, the Probate case is taken care of by the solicitors. Although in certain cases, the solicitor is appointed as the executor or executrix of a will, however it should always be avoided. Solicitors usually work and also charge on a timely basis, however at times, they might also work on a percentage basis. In certain cases, the solicitors are appointed as the executor if there is a clause in the Will which states that a certain portion of the property is to be sold. The solicitor, in this case cannot charge anything extra for the coveyancing of the portion of the property that is being sold. In cases like this, the price of the property becomes much higher than it usually would have costed. If the maker of the Will agrees, a separate Will can be made for the property that is to be sold.
