Probate

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Probate Legal Services

If you have been appointed to deal with the Estate of a deceased relative or friend, either as an Executor in the case of a Will, or as Administrator in the case of No Will, then this can be a challenging time as probate can be a particularly complex and burdensome procedure.

Probate is the legal process of dealing with the Estate of a person who has died. Their assets must be identified and quantified, beneficiaries must be identified and located, debts must be paid and taxes settled and finally beneficiaries must receive what they are entitled to.

There are four common possible Grants that may issue from the Probate Office and they are as follows:-

  • Grant of Probate – Where the Deceased left a Will i.e he died Testate
  • Grant of Letters of Administration – Where the deceased died leaving no will i.e Intestate
  • Letters of Grant of Administration with Will Annexed- Where the deceased died leaving a Will however the Executor named in the Will is unwilling or unable to act in the probate process.
  • Grant of Administration de Bonis Non- This occurs where an Executor extracts an initial Grant of Probate however is unable to complete the distribution of the Estate, a second Grand of Probate is required called a De Bonis Non, eg. When the original executor extracts a Grant of Probate but dies before the assets are distributed.

Once a Grant issues from the Probate Office, then the Executor/Personal Representative can collect all of the assets of the Estate, discharge all liabilities and distribute the assets among the beneficiaries.

The Role of executor is onerous and challenging. The Duties and Obligations of an Executor are extensive, please see our guide for executors.
At McElhinney & Associates we are here to lift the weight off your shoulders and to guide you through the probate process by offering experienced expert legal advice.

At McElhinney & Associates we also deal with Probate disputes:-

  • Are you a child unfairly denied your inheritance?
  • Are you a Spouse or Civil Partner not receiving your share of the Estate?
  • Are you a Cohabitant seeking provision from the Estate of your Deceased Cohabitant?

We can advise you on whether you have a valid claim against the Estate and if such a claim is financially viable. Contact us

What Our Customers Say

I contacted Jolene for the purchase of our house. She was very helpful and took time to explain every element of the process. I was able to contact her at all times, and our purchase went through very swiftly due to Jolene's attention to detail. I would highly recommend Jolene at McElhinney & Associates.
Robert W
Following a road traffic accident recently I contacted Jolene Mcelhinney to see if I had any sort of claim. I had bad injuries that kept me out of work for 6 months. I found her very professional and committed. She made sure I was fully compensated for the injuries and that I received back all my lost wages, and she also looked after my car damage. Very happy first class service.
Seamus G