It can actually take weeks or even months to gain access to the deceased persons cash. During that time you will be stuck paying the bill for everything including the funeral, utilities, property insurance, taxes and more. By avoiding probate you will have immediate access to the cash in order to pay for all these items.
A Probate Judge can get in the way
Court approval is often needed for many things during probate including continuing or selling the deceased persons business, repairing or selling real estate or abandoning worthless assets. By avoiding probate you will also avoid the interference of a probate judge in family and financial matters.
Increasing Probate Fees
One way to raise revenue for courts that are hurting in the financial crisis is to increase court filing fees. This then meant that probate fees also increased including opening a formal probate estate and for regular estate range. You can avoid probate court fees by avoiding probate.
Probate Records are Public Records
Probate is a state court preceding which then makes all the information about the deceased person’s assets, liabilities, beneficiaries and personal representatives a public record. Anyone can then go to the court house and ask to see an entire probate file for any estate. You are able to keep family matters and financial information private by avoiding probate.
When people create an estate plan they usually do it with one thought in mind and that is how they are able to avoid the probate process according to cape-law.com. The goal here is to ensure that the property does not get caught up in the courts and is passed immediately to beneficiaries on death.
If there is no estate plan in place though or if it is not updated for later acquired assets then these assets will mostly likely be caught up in the process. It is not a simple process though to avoid probate as there are many factors involved.
A common difficulty that occurs is with the personal representative of an estate because they should be compensated for the time and the expenses that are related to settling debts via debt relief companies and maintaining the estates assets. The personal representative may already have limited time because of their own lives. The other problem that can occur is when the estates assets are locked in probate and an estate tax is due.
This is when you can consider a probate loan, which is not technically a loan, but rather a transfer of a right to your inheritance. The risk then to the purchaser is not that you will not pay them back, but rather the estate may not have the funds available to pay.
The purchaser of a right to an inheritance will be the last to be paid out of an estate, which means that the purchaser will charge a large sum to weigh against the risk. It is this fee attached to a probate loan that makes it consider as a last resort.
A probate estate that is complex can last for years because of the assets that are involved. For instance selling a family home could be difficult due to a market that has already has many homes for sale.
You need to keep in mind that you will be paying for the potential risk inherent to the purchasers of these contracts.
You will need to research companies that are reputable and have known associations with consumer review sites. You should also involve your probate attorney as early as possible so you know that you are on the right path.
Probate is the term that is used to describe the process that you may have to go through in order to apply for the right deal with a deceased person’s estate. Most people have to go through this process when they are dealing with a deceased person’s estate, which involves applying to the probate registry.
You may have to pay inheritance tax depending on the value of the estate and to who it is left to.
The probate registry will formally confirm that the will is valid or if there no will and ensure that you are legally allowed to deal with the estate in question. Once the probate registry is satisfied they will then issue a legal document that is called the Grant of Probate or the Grant of Letters of Administration if there is no will.
This legal document will enclose the names of the person or people that are responsible for dealing with the estate.
The ones that will need to apply for probate are most personal representatives or professional company can do it on their behalf.
You may not need to get probate if the person’s assets were in joint names, as it will automatically pass to the other joint owner or if the total value of the assets is less than £5000. You will need to be sure though and it is still a good idea to check with each bank and insurance company that is involved as they may have a limit on the number of assets that can be released without having to see a Grant of Probate.
You are able to apply for probate yourself or you can ask a bank, solicitor or a probate service to handle it for you.
If you are applying for probate yourself then you will need to complete a few application forms and then send these to your local probate registry.
When applying for probate there is usually a standard fee.
Once you have received probate you will then need to show these legal documents to banks, building societies and other such organisations to prove that they have the authority to deal with assets that the deceased person owned. This will also allow them to complete other tasks involved like accessing funds, sorting the finances and collecting and sharing the deceased person’s assets as per the will.
It can take some weeks to apply and receive probate. You may have to pay inheritance tax, depending on the value of the estate and who it is left to.
The probate registry will also not grant you probate until some or all of the inheritance tax has been paid.
The inheritance tax is usually paid by the personal representative using the money from the estate. If there is not enough money right away to pay the inheritance tax from the deceased accounts then the personal representative can apply for a personal cash loan.
There are usually other taxes that have to be settled by the personal representative. These taxes can include income tax and capital gains tax. Capital gains tax is payable if you inherit assets from the deceased and then later sell them.